Is Abortion a Constitutional Right? Josh Blackman on Alito's Draft
The constitutional scholar on abortion, Sam Alito, and the future of federalism
The constitutional scholar on abortion, Sam Alito, and the future of federalism
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.
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.
The answer to this important question is highly uncertain. I tentatively predict a significant, but still modest, increase in abortion-driven migration.
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.
Under current Supreme Court precedent, the answer is probably "yes." But that precedent might not hold, thanks in part to Clarence Thomas.
The president’s COVID-19 adviser embodies the arrogance of technocrats who are sure they know what’s best for us.
The Biden administration's main priority seems to be leaving the agency's authority vague enough to allow future interventions.
Chuck Schumer seems less interested in achieving cannabis reform than in making political hay from his inevitable failure.
Nikki Fried, a Democrat, is suing the Biden administration, arguing that the policy violates the Second Amendment and a congressional spending rider.
The highly dubious lawsuit filed by four blue states against the the law capping federal tax deductions for state and local taxes is now truly dead in the water.
An utterly meritless suit ends not with a bang, but a whimper.
Instead of building on Republican support for federalism, they seem determined to alienate potential allies.
Reflections from Robert Leider on the oral argument in Torres v. Texas Department of Public Safety.
It includes commentary by housing policy specialist Emily Hamilton (Mercatus Center), and economist Filipe Campante (Johns Hopkins University).
Such laws, which allow redundant prosecutions based on defendants' bigoted beliefs, supposedly are authorized by the amendment that banned slavery.
The suit deserves to fail for much the same reasons as Trump-era attacks on immigration sanctuaries.
"Obviously we could have used the money, but at what cost?,” says Sheila Hemphill, an activist and lobbyist from Brady, Texas
The article challenges longstanding conventional wisdom. It is coauthored with political scientist Michael Dichio (University of Utah).
His judicial philosophy emphasized promotion of democracy, a theme in tension with his emphasis on the need for deference to expertise.
The crux of the argument is the distinction "between occupational risk and risk more generally."
The article challenges longstanding conventional wisdom claiming that judicial review of democratically enacted laws is at odds with popular political choice.
The justice's reference to a national "police power" raised some eyebrows.
Most of the justices appear to be skeptical of the argument that the agency has the power it is asserting.
How foot voting can expand political freedom for Americans, particularly the poor and disadvantaged.
Recent articles in the Texas Monthy and the New York Times provide some useful insight on why Texas has been gaining migrants at such a high rate.
We cover many issues related to the book, as well as freedom of movement more generally - both domestic and international.
Now available on Amazon, after a supply chain delay.
Flagging some interesting blog posts on the question.
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 justices may find it difficult to uphold Mississippi's abortion ban without overturning Roe v. Wade.
Rep. Nancy Mace is touting "a framework which allows states to make their own decisions on cannabis."
The appeals court said the rule, which was published on Friday, raises "grave statutory and constitutional issues."
Nuisance claims may not be a particularly effective way to address the problem of climate change, but federal law does not preempt state common law nuisance claims seeking compensatory damages.
The post focuses attention on an aspect of federalism that is often overlooked in current law and policy debates.
In a prior case challenging the law, the 5th Circuit said state judges were not appropriate defendants.
Four blue states' misguided legal challenge to the cap on the SALT tax deduction suffered a well-deserved defeat in the Second Circuit. The case is likely over.
A unanimous panel makes quick work of meritless legal claims.
The case was the subject of a Supreme Court ruling in which the power of eminent domain prevailed over state sovereign immunity.
The article explains how expanding opportunities for foot voting can enhance political choice, help the poor and disadvantaged, and reduce the dangers of political polarization.
The president seems determined to anoint the agency’s director as the nation’s COVID-19 dictator, no matter what the law says.
The secretary of education argues that federal law makes the CDC's COVID-19 guidelines for schools mandatory.
Senate Democratic Leader Charles Schumer is embracing a sensible approach to marijuana reform.
The Senate majority leader's racial rhetoric and overly prescriptive approach make an already iffy effort even more quixotic.
We can thank judges who were prepared to enforce constitutional limits on public health powers.
The mandate prevents bars states receiving federal funds under the Act from enacting tax cuts that are "directly or indirectly" offset by the grants.
In a careful ruling, Judge Cole concludes Ohio made its case, and enjoins enforcement of the mandate against Ohio.