Alabama Draws on Supreme Court's New Abortion Decision To Justify Trans Youth Treatment Ban
Alabama's attorney general argues such medical transitioning is not rooted in America’s history and therefore not constitutionally protected.
Civil Liberties
Can the FDA Stop States From Banning Abortion Pills?
The FDA could work with the Department of Justice to sue states over mifepristone bans. But should it?
Should Women Delete Their Period Tracker Apps in the Wake of Dobbs?
Grappling with surveillance implications of Roe being overturned
Maximalists Threaten a Federalist Compromise on Abortion
National legislation and extraterritorial application of state laws are inconsistent with the local leeway that the Constitution protects.
[UPDATED] Ninth Circuit Panel Sends California "Assault Weapons" Ban Challenge Back to District Court,
so the District Court can reconsider it in light of the Supreme Court's new Bruen precedent.
The End of Roe Is Republicans' Latest Excuse for Growing the Size and Cost of Government
There is demand for child tax credits, paid family leave, and funding for crisis pregnancy centers but the Rubio-Romney plan is not the answer.
Conservatives Embrace Anti-Discrimination Principles
Anti-discrimination law was pioneered by the political left. But, in recent years, conservatives have increasingly tried to use it for their own purposes.
Are You Applying for a Concealed Carry License Post-Bruen, in …
California, Hawaii, Maryland, Massachusetts, New Jersey, New York, or D.C.?
Ex-Police-Officer Allowed to Proceed Pseudonymously with Due Process and Libel Claim Against City
I lost my motion opposing pseudonymity in the District of New Hampshire, though I'm appealing to the First Circuit.
When Is Government Official's Blocking Commenter from Social Media Page "State Action"?
The Sixth Circuit disagrees with the Second Circuit in the @RealDonaldTrump case (but maybe not by much).
Glenn Youngkin's Proposed 15-Week Abortion Ban Speaks to Abortion Moderates
The Virginia governor's proposed 15-week ban shows what a moderate approach to abortion looks like.
What's Wrong With Abortion Federalism?
Plus: stereotypes within libertarianism, and Katherine compares the editors to Buffy the Vampire Slayer characters.
The Supreme Court's Dobbs Decision Threatens Assisted Reproduction
IVF at "significant risk"
Supreme Court Says High School Coach's Postgame Prayers Are Protected Free Speech
A 6–3 majority sees it as noncoercive and not a violation of the Establishment Clause.
The Next Abortion Battlegrounds
The Supreme Court may have overturned Roe v. Wade, but it has not ended legal battles over abortion.
Justice Thomas (Still) Wants Supreme Court to Revisit "Actual Malice"
Justice Thomas reiterates his desire to revisit the contours of defamation law and New York Times v. Sullivan.
Some States Restrict Abortion After Dobbs, Others Rush To Protect Access
Plus: What overturning Roe means for Republicans' future, court halts ban of Juul products, and more...
Enforcing Abortion Bans Is Much Harder Than Winning in Court
There’s no painless way to restrict choices for people who resist.
John Roberts and the Path SCOTUS Did Not Take on Abortion
Although the chief justice's incrementalism did not sway his colleagues, his observations about the meaning of a "right to choose" could be relevant in state legislatures.
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.
State Attorney General Suggests Considering Applicants' Ideological Viewpoints in Denying Carry Licenses
The California AG endorses denying licenses based on the applicant's "hatred" or "racism."
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.
SCOTUS Rejects 'Interest-Balancing' Tests That Treated the Second Amendment As a 'Constitutional Orphan'
The ruling against New York's carry permit policy is a rebuke to courts that routinely rubber-stamp gun restrictions.
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.
The Online Freakout Over Yesterday's Supreme Court Decisions
Plus: Abortion and free speech, Juul fights back, and more...
The Capitol Riot Was Never Going To Succeed
The intruders created plenty of mayhem, but it was a farcical coup attempt doomed from the start.
Former SG Paul Clement on Leaving Kirkland & Ellis After It Decided to Withdraw from Second Amendment Cases
"We could not abandon ongoing representations just because a client's position is unpopular in some circles."
5 Ways Biden's New Title IX Rules Will Eviscerate Due Process on Campus
The new rules would drop live hearings, bring back the single-investigator model, and limit accused students' options.
