A New Opportunity for the Government To Screw Up Abortion Law
Plus: A reminder to Bill de Blasio of what "incentive" really means
Abortion
If Roe Gets Overruled, Abortion Policy may not be "Left to the States"
Absent Roe, current Supreme Court precedent likely gives the federal government considerable power to either restrict or protect abortion rights. But that precedent could potentially be limited in ways advocated by Supreme Court Justice Clarence Thomas, an unlikely potential savior of abortion rights!
The Laissez Faire Origins of the Supreme Court's Abortion Precedents
“All of those…just come out of Lochner.”
Republicans Mull Shutting Down the Government Over Vaccine Mandate Funding
Plus: SCOTUS hears oral arguments in landmark abortion case, supply chain bottlenecks and labor shortages are holding back economic growth, and more...
Without Promising Alternatives to the 'Viability' Rule, the Supreme Court Seems Inclined to Ditch Its Abortion Precedents
The justices may find it difficult to uphold Mississippi's abortion ban without overturning Roe v. Wade.
Abortion, Marbury v. Madison, and What's "Written in the Constitution"
The oft-heard argument that something isn't "written in the Constitution" is not as compelling as it might seem. Sometimes, it's outright false.
Can SCOTUS Draw a New Line on Abortion?
The "viability" rule is arbitrary. So are the alternatives.
Why the 14th Amendment Does Not Prohibit Abortion
The argument made by Finnis, George, Hammer and others, that abortion is unconstitutional is not supported by text or history.
A (Belated) Final Word on Principles and Texas SB 8
A delayed, but hopefully still helpful final rejoinder to Stephen Sachs.
Originalism and the Result in Dobbs
Would the outcome in Dobbs put originalism in doubt?
More on SB 8, Reasons, and Limiting Principles - A Rejoinder to Stephen Sachs
The slippery slope risks created by upholding SB 8 threaten a vital constitutional principle - one far more important than any considerations on the other side. That is sufficient reason to rule against Texas in this case.
The Texas Abortion Ban Is a Roadmap to Privatized Oppression
Even justices who take a dim view of Roe v. Wade recognize the law’s chilling implications.
Limiting Principles and the Texas SB 8 Case - Why Texas' Law is a Greater Slippery Slope Menace than a Ruling Against it Would be
If Texas' SB 8 subterfuge works, it would be a dangerous road map for attacking other constitutional rights. The slippery slope risks on the other side are minor by comparison.
Abortion Providers Seem Likely to Prevail in Texas SB 8 Case
Today's Supreme Court oral argument suggests they will get the votes of six or more justices. If so, it will be a crucial victory for judicial protection of all constitutional rights, not just abortion rights.
Kavanaugh Highlights Texas Abortion Law's Threat to 'Second Amendment Rights, Free Exercise of Religion Rights, Free Speech Rights'
The justice grilled a Texas official over the implications of his state’s abortion law.
The Firearms Policy Coalition Offers a Simple Way to Resolve the Texas SB 8 Case
The Firearms Policy Coalition amicus brief offers a simple and effective way to neuter the threat to judicial review posed by SB 8.
Which Genie Will the Supreme Court Let Out of the Bottle?
However the Supreme Court handles the S.B. 8 litigation, it may unleash mischief in other policy areas.
The Firearms Policy Coalition Targets S.B. 8 on the Merits
An amicus brief in Whole Women's Health v. Jackson warns of how S.B. 8's structure could be used to target other constitutional rights.
Last Month's Drop in Texas Abortions Was Far Smaller Than Supporters of the State's Ban Claimed
The actual number of abortions that S.B. 8 prevented by the end of September may be closer to 500 than 3,000.
Supreme Court Agrees to Fast Track Review of Texas Abortion Law
The justices will hear United States v. Texas and Whole Woman’s Health v. Jackson on November 1.
Supreme Court Grants Certiorari in Texas S.B. 8 Cases (Updated)
The Court will hear oral argument in the two cases on November 1.
Gun Rights Activists Join Abortion Rights Activists To Fight Texas Abortion Law
The Texas law “could just as easily be used by other States to restrict First or Second Amendment rights,” the Firearms Policy Coalition tells SCOTUS.
The Firearms Policy Coalition Targets Texas S.B. 8
The gun rights group has filed a brief supporting the petition for certiorari in one of the cases challenging the controversial Texas abortion law.
John Hart Ely on Planned Parenthood v. Casey
Despite his criticisms of Roe, he also believed in stare decisis
No Heckler's Veto: Georgia Court's Decision Rejecting $1.5M Nuisance Verdict Against Abortion Clinic Stands
The verdict was chiefly based on the actions of protesters and arsonists; the Georgia Court of Appeals rejected it, and the Georgia Supreme Court has just refused to rehear the case.
Woman Convicted of Manslaughter, Sentenced to 4 Years in Prison for Having a Miscarriage
Whatever this system is, it is not pro-life.
Without Roe v. Wade, Abortion Will Remain Legal in Most States
The experience with the Texas Heartbeat Act offers a preview of what that means.
On the Sacketts and S.B. 8
Governments should not design laws and regulations to frustrate judicial review.
Despite the Injunction Against the Texas Abortion Ban, Clinics That Resume Their Usual Services Could Face 'Crippling Liability'
S.B. 8 allows lawsuits against people who perform prohibited abortions even if they relied on a court's determination that the law is unconstitutional.
Can a Federal Judge Stop State Courts From Hearing the Lawsuits Authorized by the Texas Abortion Ban?
In a prior case challenging the law, the 5th Circuit said state judges were not appropriate defendants.
Court 'Won't Sanction One More Day' of Texas Abortion Law
Plus: Twitter's new trigger warnings, good news for food freedom, and more...
SCOTUS, Under Fire From Left and Right, Is Back in Session With Guns and Abortion on the Docket
The justices robe up for another term.
Abortion Ban Stimulates Interstate Travel, Says Texas
Plus: Government shutdown, demographic diversity in rural America, and more...
Now That Opponents of the Texas Abortion Ban Are Using Its Provisions To Defeat It, Pro-Life Activists Are Crying Foul
In the first two lawsuits filed under S.B. 8, all of the parties seem to think enforcement of the law should be blocked.
There's No Constitutional Right to Interracial (or Same-Sex) Marriage, Says the Architect of the Texas "Heartbeat Bill"
It's the one amicus brief supporting Mississippi's abortion restriction that takes a wrecking ball to the Supreme Court's fundamental-rights precedents
What the Briefs in Jackson Women's Health (Don't) Say about Same-Sex Marriage
For the most part, supporters of Mississippi's abortion ban in the Supreme Court are steering clear of Obergefell
First Abortion Doc Sued Under New Texas Law
Plus: The link between college and moral absolutism, environmental activists vs. Facebook, and more...
By Openly Defying the Texas Abortion Ban, a Physician Invites a Lawsuit That Will Make Constitutional Objections Unavoidable
Alan Braid says he broke the law, which prohibits the vast majority of abortions, to make sure it would be tested in court.
The Justice Department May Have Found a Winning Argument Against the Texas Abortion Law
“The Supreme Court has repeatedly recognized the authority of the United States...to seek equitable relief to vindicate various federal interests and constitutional guarantees.”
Opponents of the Texas Abortion Ban Are Struggling to Find Defendants They Can Sue To Prevent Its Enforcement
Meanwhile, the threat posed by the lawsuits that S.B. 8 authorizes has dramatically curtailed access to abortion in Texas.
Reflections on Texas as a Defendant
Respectfully disagreeing with Josh about United States v. Texas.
GoDaddy Shuts Down Web Hosting for Pro-Life Organization's Abortion Whistleblowing Site
Pro-lifers and pro-choicers have one thing in common: a passion for snitching
The Texas Abortion Ban Violates Conservative Principles
S.B. 8 relies on litigation tricks that conservatives have long condemned as a threat to the rule of law.
