Abortion Rights Under the 9th and 14th Amendments
Understanding what Justice Alito got wrong in Dobbs v. Jackson Women’s Health Organization
Understanding what Justice Alito got wrong in Dobbs v. Jackson Women’s Health Organization
Alabama's attorney general argues such medical transitioning is not rooted in America’s history and therefore not constitutionally protected.
“My retirement from active service,” Breyer told the president, “will be effective on Thursday, June 30, 2022, at noon.”
There are only two argued cases left for decision -- the last two to be decided with Justice Breyer on the Court.
National legislation and extraterritorial application of state laws are inconsistent with the local leeway that the Constitution protects.
The conservative Supreme Court justice is wrong about economic liberty and the Constitution.
The unanimous decision will rein in prosecutions that have long had a chilling effect on pain treatment.
IVF at "significant risk"
A 6–3 majority sees it as noncoercive and not a violation of the Establishment Clause.
Justice Thomas reiterates his desire to revisit the contours of defamation law and New York Times v. Sullivan.
The article explains why the Supreme Court was right to hold that state voucher programs can’t discriminate against “sectarian” religious schools and addresses various objections.
There’s no painless way to restrict choices for people who resist.
Even Obamacare's fiercest advocates say it has not lived up to its goals.
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.
Liberals won't reconcile themselves to Dobbs, any more than conservatives accepted Roe v. Wade and Casey.
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."
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.
A weird, messy protest reflects a weird, messy future.
The ruling against New York's carry permit policy is a rebuke to courts that routinely rubber-stamp gun restrictions.
The other justices declined to join him, but the future of the Supreme Court rulings on those matters remains unclear.
He also nixes the idea that states could "retroactively impose liability or punishment for an abortion that occurred before today's decision takes effect."
The Constitution protects many more rights than it mentions, as James Madison explained.
Most states are unlikely to enact bans, but 22 either have them already or probably will soon.
Plus: Abortion and free speech, Juul fights back, and more...
“Properly interpreted, the Second Amendment allows a ‘variety’ of gun regulations,” Kavanaugh writes, invoking Antonin Scalia
A 6–3 ruling undermines attempts to hold police accountable for misconduct.
“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.
The Supreme Court justice is wrong when he says abortion rights aren't deeply rooted in American history.
“A State violates the Free Exercise Clause when it excludes religious observers from otherwise available public benefits,” the Supreme Court held.
Environmental Protection Agency
No matter how the Supreme Court rules in West Virginia v. EPA, absent legislative action it is unlikely new power plant rules will be in force before 2024.
Unsatisfied by the outcome of one case, the feds secured a much more severe penalty the second time around.
A federal badge will now serve as an impenetrable shield against civil liability.
According to Alito, Gorsuch’s opinion “veered off into fantasy land.”
States may not "exclude some members of the community from an otherwise generally available public benefit because of their religious exercise,” says SCOTUS.
Plus: Americans' changing opinions of January 6 riots, Texas craft brewer can "party on," and more...
In remarks to the American Constitution Society, Justice Sonia Sotomayor shares her thoughts on the senior-most Associate Justice.
Some fans are now souring on her legacy.
Big rulings are coming soon on school choice, guns, and abortion.
The Biden Administration is apparently considering a range of responses should te Supreme Court overturn Roe v. Wade.
A recent pair of cases spotlights the sorry state of affairs.
American Hospital Association v. Becerra is another indication that lower courts are too quick to give agencies Chevron deference.
Chief Justice Roberts refuses to join a wee little footnote in a Justice Barrett opinion.
The Supreme Court has decided not to decide an important question relating to flips in federal policy when Administrations turn over.
Justice Gorsuch has dissented from two-thirds of Justice Barrett's majority opinions this term.
Justice Amy Coney Barrett and Neil Gorsuch are disagreeing more than you might think, but Justice Barrett appears to have the upper hand.
Tensions won’t simmer down until Americans stop fearing power in the hands of enemies.
Police stopped him a block away from Kavanaugh's Chevy Chase home, where he allegedly admitted he was there to kill the justice.
The Supreme Court continues to shield federal officers who are accused of violating constitutional rights.