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...
Civil Liberties
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.
Guns and Judicial Protection of Constitutional Rights that Put Lives at Risk
Justice Breyer and others argue that gun regulations deserve special judicial deference because Second Amendment rights create risks to life. But the same is true of many other constitutional rights.
As the ACLU Recedes From Its Core Mission, FIRE Expands To Fill the Void
The Foundation for Individual Rights and Expression (FIRE) is defending expression on campus and off as the ACLU becomes a progressive advocacy group.
'The Second Amendment Is Not Unlimited,' Brett Kavanaugh Stresses in SCOTUS Gun Case
“Properly interpreted, the Second Amendment allows a ‘variety’ of gun regulations,” Kavanaugh writes, invoking Antonin Scalia
SCOTUS Says You Can't Sue the Cops for Violating Your Miranda Rights
A 6–3 ruling undermines attempts to hold police accountable for misconduct.
Title IX's 50th Anniversary Is a Dark Day for Due Process on Campus
The Biden administration just proposed new rules that would undermine basic fairness in college sexual misconduct disputes.
In Landmark 2nd Amendment Ruling, SCOTUS Affirms Right 'To Carry a Handgun for Self-Defense Outside the Home'
“Nothing in the Second Amendment’s text draws a home/public distinction with respect to the right to keep and bear arms,” says New York State Rifle & Pistol Association v. Bruen.
Boycotts Aren't Protected Speech, Rules Appeals Court
Plus: Employers sue over Florida's Stop WOKE Act, how inflation erodes financial privacy, and more...
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.
Federal Jury Awards $59,000 in Takings Compensation to Property Owner Whose House was Severely Damaged by SWAT Team Pursuing a Suspect
The ruling authorizing the award is at odds with other federal court decisions holding that law-enforcement exercises of the "police power" are exempt from takings liability.
The Bipartisan Senate Gun Control Bill Would Unjustly Deprive Americans of Their Second Amendment Rights
The legislation prohibits firearm sales based on juvenile records and subsidizes state laws that suspend gun rights without due process.
Julian Assange's Case Is a Frightening Omen for Press Freedom
World journalists have been quicker than Americans to see danger in prosecuting the Wikileaks founder.
