Alito, Abortion, and Autonomy
Plus: ruminations on public health, misinformation, and media literacy
Civil Liberties
Netflix Gets Discovery of Grand Jury Materials in Challenge to Prosecution Over Cuties
"Netflix alleges that Tyler County’s District Attorney, Lucas Babin, is 'abusing his office' through a 'singular and bad-faith effort' to maliciously prosecute Netflix in violation of the United States Constitution and in retaliation against Netflix for exercising its First Amendment rights."
Illinois Appeals Court Rules Chicago Slapped Drivers With Illegally High Fines for Years
A plaintiff in the class-action lawsuit says he had to declare bankruptcy after Chicago dumped $20,000 of ticket debts on him.
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.
Rep. Marjorie Taylor Greene Not Disqualified from Federal Office
So Georgia Administrative Law Judge Charles R. Beaudrot ruled yesterday.
Further Thoughts on the Dobbs Leak
There is much, much less in the leaked draft than meets the eye
Some More on Expert Witnesses in Libel Lawsuits
Former Congressman Alan Grayson, now running for the Senate in Florida, is producing some interesting caselaw.
Court Dismisses Lawsuit Against Trump for His Use of the Terms "Chinese Virus" and "Kung Flu"
"No matter how deplorable the plaintiff finds the defendant's remarks, the First Amendment precludes civil liability for the remarks in order to protect the right to free and robust debate on matters of public concern, which the origin of the SARS-CoV-2 virus plainly is."
Residential Picketing in Virginia (Outside a Justice's Home or Otherwise)
A state law bans it -- but that law is very likely unconstitutional (though a different version of such a ban would have been constitutional).
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.
Gov. Polis Wants You…To Be in Charge of Your Own Life
The libertarianish Colorado Democrat is devolving decision-making to parents and trying to lower the income tax to zero.
When Ted Kennedy Was Pro-Life and Ronald Reagan Was Expanding Abortion Access
The forgotten abortion politics of the pre-Roe era
Ending Roe Threatens More Than Abortion Rights
Plus: Lawsuit against Twitter can move forward, antitrust bills targeting Big Tech falter, and more...
Pro-Life Libertarians Can Cautiously Cheer the End of Roe
For libertarians who see unborn babies as innocent rights-bearing individuals, reducing the number of lives ended by abortion brings us closer to our credo.
Military Drafts Loom Over Europe Thanks to Russia
International tensions empower politicians seeking to force the unwilling into government service.
Reversing Roe v. Wade Wouldn't be the First Time the Supreme Court Gutted Precedents that Protect Individual Rights - Far From it
That fact doesn't necessarily justify overruling Roe. Depending on how it's viewed, the history of such reversals may even counsel against further such moves.
Pennsylvania Appellate Court Allows Preliminary Injunction Against Repeating Material Found Likely Libelous,
cutting back on what seemed like a categorical prohibition on anti-libel injunctions from a 1978 Pennsylvania Supreme Court case.
Why Pro-Choice Blue States Should also be Pro-YIMBY
Atlantic writer Jerusalem Demsas argues that blue states can't give "refuge" to people fleeing abortion restrictions if they don't cut back on zoning restrictions that lead to sky-high housing costs.
Libel to Lay Out Facts About Law Clerk's Writings and Associations, and Say Clerk Is Thus Likely the Leaker?
Very likely no, if the clerk is domiciled in D.C. or Maryland (and pretty likely no if in Virginia), if the stated factual background is accurate.
The Satanic Temple: If Christians Can Raise Flag at Boston City Hall, We Can Raise Ours Too
Plus: The push to abolish the Senate, Feds hike interest rates by 0.5 percent, and more...
Was Censorship the Greatest COVID Threat to Freedom?
It wasn't just autocrats who were frequently tempted to address "fake news" about the pandemic through state pressure and coercion.
Politico Symposium on Broader Implications of the Leaked Supreme Court Opinion Overruling Roe v. Wade
Various experts, including co-blogger Josh Blackman and myself, discuss whether the draft opinion would threaten other constitutional rights, if adopted by the Court.
Will People Vote With Their Feet for Abortion Rights in a Post-Roe World?
The answer to this important question is highly uncertain. I tentatively predict a significant, but still modest, increase in abortion-driven migration.
Josh Blackman: Sam Alito, Roe v. Wade, and Libertarians
Does returning decisions about abortion to the states increase liberty or shrink it?
Do Americans Who Support Roe v. Wade Understand Its Implications?
Although recent polls show a majority thinks the abortion precedent should be preserved, some respondents seem confused about what that would mean.
A Qualified Defense of Letting States Decide on Abortion
Fewer Americans would be forced to live under a legal regime, imposed from on high, that is contrary to their convictions on a matter of life and death.
D.C. Police Department Allegedly Has Policy of Delaying/Denying FOIA Requests That May Lead to Criticism
A district court just allowed a First Amendment challenge to this policy to go forward.
Alito's Draft Opinion That Would Overturn Roe Is a Disaster of Legal Reasoning
Plus: How abortion used to be less partisan, NFT sales have plummeted, and more...
The Biden Administration Sees Free Speech As a Public Menace
The alarm aroused by the Disinformation Governance Board is understandable given the administration’s broader assault on messages it considers dangerous.
The Impact of Overturning Roe v. Wade Will Be Less Dramatic Than Abortion-Rights Advocates Fear
Abortion is likely to remain legal in most states, and workarounds will mitigate the effects of bans.
Cops Who Arrested Man Over Fake Facebook Page Get Qualified Immunity
Anthony Novak's arrest and subsequent lawsuit set up a debate around overcriminalization and free speech.
Could Congress Ban Abortion Nationwide if Roe Gets Overruled?
Under current Supreme Court precedent, the answer is probably "yes." But that precedent might not hold, thanks in part to Clarence Thomas.
Don't Prosecute the Supreme Court Leaker
If the leaker's identity is ever revealed, he or she will face serious professional and reputational sanctions. There's no need to wish for criminal punishments too.
Will a Conservative Supreme Court Turn on Gay Rights After Dismantling Roe? Be a Skeptic
Gorsuch just penned an important pro-LGBT decision two years ago. Americans are largely not interested in relitigating this issue.
The Disinformation Panic
This “unprecedented crisis for democracy” is neither unprecedented nor a crisis for democracy.
What the Leaked Abortion Opinion Gets Wrong About Unenumerated Rights
The Constitution protects many more rights than it mentions.
