Dobbs Won't End the Legal Battle Over Abortion
Liberals won't reconcile themselves to Dobbs, any more than conservatives accepted Roe v. Wade and Casey.
Abortion
On Justice Thomas, Dobbs, Precedent, and Substantive Due Process
In his Dobbs concurrence, the senior associate justice reiterates his outlying views on precedent and his belief that all substantive due process decisions were "demonstrably erroneous."
Dobbs, Abortion, and Stare Decisis
Both majority and dissenting opinions include extensive discussions of stare decisis. But the truth is whether you think Roe v. Wade should have been preserved on that basis is heavily correlated with whether you think it was wrong in the first place.
Get Ready for the Post-Roe Sex Police!
If life begins at conception, there are virtually no limits on government surveillance of women in a post-Roe world.
Outside the Supreme Court, Our First Glimpse of Post-Roe Politics
A weird, messy protest reflects a weird, messy future.
Why Other Fundamental Rights Are Safe (At Least for Now)
The conservative majority's commitments on contraception, sexual intimacy, and same-sex marriage
Clarence Thomas Calls To 'Reconsider' Gay Marriage, Sodomy Rulings
The other justices declined to join him, but the future of the Supreme Court rulings on those matters remains unclear.
Kavanaugh Indicates States Can't Bar Residents From Getting Abortions in Other States
This makes it likely, though not certain, that the Supreme Court will strike down such laws if states enact them.
American U. Law Students Investigated for "Harassment" for Insulting Comments About Abortion in Group Chat
The complaining student alleged the students' remarks were "harassing and threatening" him because of his conservative "political affiliation" and his "religious beliefs."
States Can't Ban Out-of-State Travel To Get Abortions, Writes Kavanaugh
He also nixes the idea that states could "retroactively impose liability or punishment for an abortion that occurred before today's decision takes effect."
Alito's Abortion Ruling Overturning Roe Is an Insult to the 9th Amendment
The Constitution protects many more rights than it mentions, as James Madison explained.
Here Is a State-by-State Rundown of What Will Happen Now That SCOTUS Has Freed Lawmakers To Restrict Abortion
Most states are unlikely to enact bans, but 22 either have them already or probably will soon.
Abortion Bans Bring First Amendment Battles, Too
Looking back at how abortion advertising bans played out last century may give us some idea what the future holds for speech about abortion.
Alito's Leaked Abortion Opinion Misunderstands Unenumerated Rights
The Supreme Court justice is wrong when he says abortion rights aren't deeply rooted in American history.
'Jane's Revenge': Abortion Terror Group or Terror Hoax?
Plus: Americans' changing opinions of January 6 riots, Texas craft brewer can "party on," and more...
Biden Falls Off the Metaphorical Bike
Plus: The editors unveil their wish list for a hypothetical Libertarian president.
Senators Want To Control Google Search Results About Abortion
Plus: Uvalde cops didn't check classroom door, Texas GOP slides further to the right, telemedicine deregulation in peril, and more...
Iowa S. Ct. Overrules Decision Subjecting Abortion Restrictions to Strict Scrutiny Under Iowa Constitution
The Court doesn't decide whether that means they are subject to an "undue burden" test (as under Planned Parenthood v. Casey) or whether there is no right to abortion under the state constitution.
With Roe v. Wade in Doubt, Some Liberals Fault Ruth Bader Ginsburg for Not Retiring Early
Some fans are now souring on her legacy.
3 Supreme Court Cases To Watch in the Next 2 Weeks
Big rulings are coming soon on school choice, guns, and abortion.
White House Consults with Law Professors in Anticipation of Dobbs Ruling (Updated)
The Biden Administration is apparently considering a range of responses should te Supreme Court overturn Roe v. Wade.
Political Violence Escalates in a Fracturing U.S.
Tensions won’t simmer down until Americans stop fearing power in the hands of enemies.
Pro-Life Identification Falls to Lowest Level Since 1996
Plus: Michigan prisons ban Spanish and Swahili dictionaries, a win against New York's ban on "unauthorized" legal advice, and more...
Could Congress Prohibit Abortion If Roe Is Overturned? (Updated)
Questions about the scope of federal power will remain.
Sherif Girgis on the Draft Dobbs Opinion and Its Critics
An assessment of claims that Justice Alito's draft opinion rests on historical error, provides no meaningful basis for distinguishing abortion from other unenumerated rights, and forecloses constitutional protection of the mother's life.
San Francisco Archbishop Bars Nancy Pelosi From Communion Over Abortion Stance
This has nothing to do with the separation of church and state.
Justice Kennedy: Draft Opinion Leak Was "Cowardly, Corrupt, Contemptuous Act."
The former Associate Justice joins those condemning the leak of a draft opinion.
Akhil Amar on the Draft Dobbs Opinion
A prominent progressive law professor challenges some of the prevailing orthodoxy on Roe, Dobbs, and Supreme Court precedent.
What Happens if States Ban Out-of-State Travel for Abortion?
Anti-abortion interstate travel bans would have multiple constitutional defects.
The Failed Senate Abortion Bill Went Far Beyond Preserving Current Rights
Without citing any constitutional authority to dictate state abortion policies, the bill would have overridden regulations that have been upheld or have yet to be tested.
The End of Roe Heralds the Rise of Pro-Abortion, Big Government Policies
Liberal states don't want to treat abortion as a personal, private choice either. Instead, blue state policy makers want to spend tax dollars subsidizing and promoting it.
In Defense of Roe
The last 50 years have been marked by a remarkably stable social consensus balancing the rights of women and fetuses. Let's not throw that away.
Senate Democrats Try and Fail To Codify Roe v. Wade Abortion Protection
Plus: Texas' social media law goes back into effect, inflation worries voters, and more...
Public Opinion About Abortion Is Complex and Sometimes Confused
Americans cannot be neatly divided into two sides, and they do not necessarily understand the implications of Roe v. Wade.
There Is a Reason Why Roe v. Wade's Defenders Focus on Its Results Rather Than Its Logic
The abortion precedent has faced withering criticism, including damning appraisals by pro-choice legal scholars, for half a century.
Can States Ban Residents From Getting Abortions in Other States, if Roe v. Wade is Overturned?
The answer is probably "no." But the federal government could more easily ban such transactions.
Alito, Abortion, and Autonomy
Plus: ruminations on public health, misinformation, and media literacy
Marco Rubio Wants To Fight Abortion and Trans Battles in the Tax Code
Tax loopholes for corporations end up making it easier for politicians like Rubio to meddle in private decision making.
Is Abortion a Constitutional Right? Josh Blackman on Alito's Draft
The constitutional scholar on abortion, Sam Alito, and the future of federalism
Pro-Choice Activists Protest Outside Homes of John Roberts, Brett Kavanaugh
Plus: Elon Musk's plans for Twitter, officials want to tax NFTs, and more...
What the Leaked Abortion Opinion Gets Wrong About the Founding Era
Understanding state regulatory powers at the time of the founding.
Is Kamala Harris Serious About Privacy Rights?
Stop government interference in reproduction, medical decisions, gun ownership, drug use, and more.
Further Thoughts on the Dobbs Leak
There is much, much less in the leaked draft than meets the eye
Samuel Alito Thinks It's Obviously Absurd To Suggest That Drug Prohibition Violates the Constitution
The justice overlooks the long American tradition of pharmacological freedom and the dubious constitutional basis for federal bans.
When Ted Kennedy Was Pro-Life and Ronald Reagan Was Expanding Abortion Access
The forgotten abortion politics of the pre-Roe era
