Public Opinion About Abortion Is Complex and Sometimes Confused
Americans cannot be neatly divided into two sides, and they do not necessarily understand the implications of Roe v. Wade.
Roe v. Wade
There Is a Reason Why Roe v. Wade's Defenders Focus on Its Results Rather Than Its Logic
The abortion precedent has faced withering criticism, including damning appraisals by pro-choice legal scholars, for half a century.
Alito, Abortion, and Autonomy
Plus: ruminations on public health, misinformation, and media literacy
Is Abortion a Constitutional Right? Josh Blackman on Alito's Draft
The constitutional scholar on abortion, Sam Alito, and the future of federalism
When Ted Kennedy Was Pro-Life and Ronald Reagan Was Expanding Abortion Access
The forgotten abortion politics of the pre-Roe era
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.
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.
Will Dobbs Be a Ticket Good for this Right Only?
What the Alito draft tells us about a possible future for same-sex marriage.
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.
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.
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.
Opponents of the Texas Abortion Ban Still Have Ways To Challenge It
Although a Texas Supreme Court ruling ended the main challenge to the law, other cases could ultimately block its enforcement.
Enforcing Abortion Bans Is Much Harder Than Passing Them
The experience in Texas shows that workarounds pose daunting obstacles to such laws.
Mail-Order Abortion Pills, Now Officially Authorized by the FDA, Pose an Insoluble Problem for Legislators Who Want To Ban the Procedure
Federal regulators have permanently lifted a requirement that mifepristone be dispensed in person.
Originalism and the Result in Dobbs
Would the outcome in Dobbs put originalism in doubt?
Last Month's Drop in Texas Abortions Was Far Smaller Than Supporters of the State's Ban Claimed
The actual number of abortions that S.B. 8 prevented by the end of September may be closer to 500 than 3,000.
Without Roe v. Wade, Abortion Will Remain Legal in Most States
The experience with the Texas Heartbeat Act offers a preview of what that means.
Despite the Injunction Against the Texas Abortion Ban, Clinics That Resume Their Usual Services Could Face 'Crippling Liability'
S.B. 8 allows lawsuits against people who perform prohibited abortions even if they relied on a court's determination that the law is unconstitutional.
There's No Constitutional Right to Interracial (or Same-Sex) Marriage, Says the Architect of the Texas "Heartbeat Bill"
It's the one amicus brief supporting Mississippi's abortion restriction that takes a wrecking ball to the Supreme Court's fundamental-rights precedents
What the Briefs in Jackson Women's Health (Don't) Say about Same-Sex Marriage
For the most part, supporters of Mississippi's abortion ban in the Supreme Court are steering clear of Obergefell
By Openly Defying the Texas Abortion Ban, a Physician Invites a Lawsuit That Will Make Constitutional Objections Unavoidable
Alan Braid says he broke the law, which prohibits the vast majority of abortions, to make sure it would be tested in court.
The Texas Abortion Ban Violates Conservative Principles
S.B. 8 relies on litigation tricks that conservatives have long condemned as a threat to the rule of law.
The Sweeping Texas Abortion Ban That Took Effect Today Is Plainly Inconsistent With SCOTUS Precedents
Because the Supreme Court so far has not intervened, post-heartbeat abortions are now illegal in the Lone Star State.
Will Pro-Life Politicians Face a Backlash If the Supreme Court Lets Them Restrict Abortion?
National surveys obscure large regional variations in public opinion about abortion limits.
The Right to an Abortion Isn't Going Away
While overturning Roe v. Wade would lead to new restrictions in many states, legal access to abortion would be unaffected in most of the country.
Arkansas Governor Hopes Abortion Ban Will Trigger Roe v. Wade Challenge
Plus: Wisconsin may approve microschools, what will Biden Title IX guidance look like, and more...
Planned Parenthood Succeeds in Getting Missouri's 8-Week Abortion Ban Blocked, but Rule Against Race- or Sex-Selective Abortion Remains in Place
Plus: North Carolina sues eight more e-cig companies, Tulsi Gabbard fails to meet debate threshold, and more...
Abortion Restrictionists Go Bold
No more baseball fight-style standoffs in the abortion wars. Plus: so-called constitutional crises, Bernie's credit paternalism, and GoT redux on the Reason Podcast.
Kavanaugh Gives Mixed Signals in First Supreme Court Abortion Ruling
In a 5-4 decision, the Court issued a temporary stay of a Louisiana law that could put abortion doctors out of business.
