No-Contact Order Against Law Students (and Professor) Based on Conversation About Homosexuality and Bible …
likely unconstitutional, holds a federal district court.
Civil Liberties
Elizabeth Nolan Brown: Abortion Prohibition, Mail-Order Pills, and Post-Roe Politics
The Reason senior editor and co-founder of the libertarian feminist group Feminists for Liberty examines a murky post-Roe future.
Without Roe v. Wade, Litigants Look to State Constitutions for Protection of Abortion Rights
Several state supreme courts already have recognized the right to terminate a pregnancy. Will more states join the list?
Abolishing the Filibuster To Protect Abortion Rights Would Clear the Way for Republicans To Ban Abortion
Democrats aren't really this short-sighted, are they?
The FBI Kept Tabs on Mort Sahl's Jokes About It, and Hoover Thought Sahl Was a 'Sick Man'
The late standup comedian's FBI file says he "ridiculed the FBI, law enforcement, and high public officials, beyond the bounds of good humor."
Here's What Happened When Other Countries Rolled Back Abortion Rights
El Salvador, Nicaragua, and Poland offer a window into a post-Roe world.
A Broader Perspective on "My Body, My Choice"
The principle has implications that go far beyond abortion. Some of them deserve far more attention than they have gotten to this point.
Here's What Abortion Laws in a Post-Roe World Might Look Like
A pro-life group's model legislation hints at how extreme enforcing abortion bans could get.
California Accidentally Leaked the Personal Data of Thousands of Licensed Gun Owners
Plus: America's falling murder clearance rate, the Fed wrestles with inflation, and more...
Randy Barnett: Abortion, Guns, and the Future of the Supreme Court
The leading libertarian legal theorist talks about worrying trends at the Supreme Court as a conservative majority takes hold.
The Dirty Pictures That Revolutionized Art
Brian Doherty's history of underground comix chronicles how Robert Crumb, Art Spiegelman, and others challenged censorship and increased free speech.
Did Cassidy Hutchinson's Testimony Clinch the Incitement Case Against Trump?
The former president's recklessness is beyond dispute, but that is not enough to convict him while respecting the First Amendment.
Abortion Rights Under the 9th and 14th Amendments
Understanding what Justice Alito got wrong in Dobbs v. Jackson Women’s Health Organization
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.
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.
