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.
Supreme Court
A Brief History of Certiorari, Error, and Appeal
No matter how the case got there, the Court had to decide the whole thing.
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
What the Leaked Abortion Opinion Gets Wrong About the Founding Era
Understanding state regulatory powers at the time of the founding.
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.
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.
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.
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.
What the Leaked Abortion Opinion Gets Wrong About Unenumerated Rights
The Constitution protects many more rights than it mentions.
Leaked Abortion Opinion 'Is Authentic,' Confirms Supreme Court
But the leaked opinion is not “the final position of any member on the issues in the case.”
The End of Roe? Everything You Need To Know About the Leaked Supreme Court Draft Opinion
Plus: Boston rebuked for rejecting Christian flag, Google will remove more personal information, and more...
Supreme Court Rules Boston Was Wrong To Bar Christian Flag From City Hall
The justices unanimously agree that the city was not endorsing the flags, and that therefore it couldn’t exclude religious organizations.
Anthony Fauci Thinks Scientific Expertise Trumps the Rule of Law
The president’s COVID-19 adviser embodies the arrogance of technocrats who are sure they know what’s best for us.
Texas' Social Media Law Recycles Left-Wing Media Theory
Forcing private companies to host speech violates the First Amendment.
If the CDC's Mask Mandate Is 'Necessary for the Public Health,' Why Didn't the DOJ Seek a Stay To Restore It?
The Biden administration's main priority seems to be leaving the agency's authority vague enough to allow future interventions.
YouTube ISIS Videos Mean the Supreme Court Could Reconsider Section 230
Plus: A court rejects a "discriminatory harassment" ban at a Florida university, a private space mission heads back to earth, and more...
The DOJ Is Reluctant To Continue Defending the CDC's Mask Mandate Because It Worries It Will Lose Again
Clarifying the agency's authority could impede future power grabs.
Supreme Court Denies Certiorari in Blue State Challenge to Cap on SALT Deduction
An utterly meritless suit ends not with a bang, but a whimper.
SCOTUS Could (and Should) Strike Down California's Animal-Rights Law
Proposition 12 threatens the national food economy.
My NBC Article on the Confirmation of Supreme Court Nominee Ketanji Brown Jackson
It explains why many of the reasons GOP senators gave for opposing Jackson were ridiculous, but also that there is nothing inherently wrong in opposing a qualified "mainstream" nominee based on differences over judicial philosophy.
Justice Barrett Says "Read the Opinion"
The Associated Press reports on the junior-most Justice's remarks at the Reagan library.
The Supreme Court Says You Can Sue Cops Who Frame You on False Charges
The previous standard barring such lawsuits made “little sense," wrote Justice Brett Kavanaugh for the majority.
Republicans Taking Aim at Disney Is a Reminder That Both Parties Are Hostile to Free Speech
For most of the past decade-plus, those complaining the loudest about corporate participation in politics have been Democrats.
Did Ketanji Brown Jackson Flout the Law When She Reduced a Drug Dealer's Sentence?
The Supreme Court nominee's critics say she clearly did, but several federal appeals courts disagree.
One Cheer for Stephen Breyer
Breyer led the charge against the court packers, denouncing them as shortsighted ideologues who threatened both judicial independence and bedrock liberal values.
He Spent 28 Years Behind Bars for a Murder He Didn't Commit and Died Before Seeing Justice
The police officers who allegedly framed William Virgil were denied qualified immunity. But they're still trying to delay a trial.
Handgun Carry Permits Transform a Right Into a Privilege
The argument for loosening restrictions on armed self-defense goes beyond the measurable impact on public safety.
Louisiana Supreme Court Allows Police Officer's Lawsuit Against Black Lives Matter Organizer
DeRay Mckesson didn’t cause or encourage violence against police in Baton Rouge in 2016. The court says he can still be held responsible.
What Should Have Happened at the Ketanji Brown Jackson Hearings
Can you define "partisan circus?"
SCOTUS Agrees to Hear Significant Dormant Commerce Clause Case
National Pork Producers Council v. Ross could have implications far beyond bacon prices in California.
Supreme Court Takes Up California's Attempt To Control How Other States' Farmers Treat Pigs
Do California's rules violate the dormant commerce clause?
The 5th Circuit Approves a Cop's Violent Response to a Dispute Over a 7-Year-Old's Littering
The officer used a "pain compliance maneuver" to force information from the boy's sister, who was recording the encounter.
When They Attack 'Dark Money,' They're Really Attacking Free Speech
Republicans take a page from the Democrats’ book by crying “dark money” during Ketanji Brown Jackson’s confirmation hearing.
Supreme Court Reminds Us That the Best Answer to Unwanted Speech Is More Speech
Plus: On tipping and slavery, cities see population declines, and more...
Ketanji Brown Jackson Defended People Suspected of Terrorism. Good.
There's a particular richness to Republican senators weaponizing the right to defense counsel as an affront to the Constitution as opposed to something that's pivotal to it.
Tom Cotton's Absurd Question About Contacting a Heroin Dealer's Victims Reveals a Drug Warrior's Demagoguery
The mindlessly punitive senator grilled Supreme Court nominee Ketanji Brown Jackson about her resentencing of a drug offender.
Judge Ketanji Brown Jackson Says She Intends to Recuse from Harvard Admissions Case if Confirmed
While some legal ethics experts suggest recusal would not be necessary, the SCOTUS nominee suggested she thinks otherwise.
Are Josh Hawley and Ted Cruz Ignorant About Child Porn Penalties or Just Demagogic?
Even if the senators are genuinely confused, that underlines the recklessness of their attack on Ketanji Brown Jackson.
Ketanji Brown Jackson's 'Partial Tribute to the Judicial Philosophy of Originalism' Earns Conservative Praise
“I believe that the Constitution is fixed in its meaning,” said the Supreme Court nominee.
Josh Hawley's Attack on Ketanji Brown Jackson Illustrates the Emotionalism She Criticized
The senator argues that questioning sex offender policies "endangers our children."
Ketanji Brown Jackson Explains to Lawmakers How Being a Lawyer Works
As expected, Tuesday's hearing was primarily made up of political theater.
Here Is What Ketanji Brown Jackson Said in the Harvard Law Review Article That Josh Hawley Found 'Alarming'
The Supreme Court nominee raised serious constitutional concerns about laws that punish sex offenders after they complete their sentences.
3 Questions for Supreme Court Nominee Ketanji Brown Jackson
The SCOTUS contender should discuss her views on congressional power, unenumerated rights, and qualified immunity.
