The Volokh Conspiracy

Mostly law professors | Sometimes contrarian | Often libertarian | Always independent

Posts on Dobbs

A compendium of my writings on the case.


Over the past nine months, I have written more than 40 posts on Dobbs, as well as the S.B. 8 cases. No comment on whether any of my ideas are viable. Here, I will list them as a compendium.

  1. What is going on with Dobbs v. Jackson Women's Health Organization? (Updated)
  2. The Court Punts by Granting Cert in Cameron v. EMW Women's Surgical Center
  3. The Chief Justice's Last Bulwark of Moderation: Limiting and Reframing Questions Presented
  4. What Would An Actual 6-3 Conservative Court Have Done This Past Term?
  5. Noah Feldman Indulges in Brett Kavanaugh Fan Fiction on Dobbs
  6. Chief Justice Roberts's Long, Longer, and Longest Games
  7. Why Did Texas Enact S.B. 8?
  8. The Fact That X States Failed To Criminalize An Act in 1868 Does Not Mean That Committing The Act Is A Fundamental Right
  9. Chemerinsky: Republican Justices Are "Partisan Hacks"
  10. SG Argues There Is No Middle Path in Dobbs
  11. Ruth Marcus Joins The Brett Kavanaugh Fan Fiction Club
  12. Can Cooper v. Aaron Save Roe v. Wade?
  13. Noah Feldman Indulges in Gorsuch and Barrett Fan Fiction
  14. The "Reagan Revolution" and OT 2021
  15. Five Thoughts on the Timing of U.S. v. Texas and WWH v. Texas
  16. An Unexpected NYT Op-Ed: "A Hard but Real Compromise Is Possible on Abortion"
  17. Why Aren't Texas Abortion Providers Actively Resisting S.B. 8?
  18. Making Sense of the S.B. 8 Rocket Docket
  19. End the Epicycles of Roe
  20. Guns, Terms, and Deals
  21. #FedSoc2021 and Dobbs
  22. A Message From A Current 3L and FedSoc Officer About Dobbs
  23. Grateful For A Long-Overdue Debate on Dobbs, Originalism, and Stare Decisis
  24. New Churches, New Movements
  25. Originalism, Inc.
  26. Poll: People Oppose Overruling Roe, But Favor 15-Week Abortion Ban
  27. SCOTUS Does Not Decide S.B. 8 Cases
  28. AG Meese: Failing to Overrule Roe and Casey "Would Threaten to Destroy the 40-Year Effort to Restrain the Court with the Founders' Interpretive Principles"
  29. Predicting Justice Barrett's First Question in Dobbs
  30. Charles Fried's Hat and Sweater
  31. Where was Justice Kagan in Dobbs?
  32. Justice Sotomayor Needs To Re-Read Marbury v. Madison
  33. Justice Breyer and Sotomayor Do Not Understand Who Decides
  34. Chief Justice Roberts's Question About Stare Decisis and Originalism
  35. Justice Blackmun's Papers?!
  36. Dobbs Ain't Over Till It's Over
  37. Heritage Reporting Company Corrects Justice Sotomayor's Speaking Error
  38. The "Stench" of Justice Sotomayor's Putrid Self-Fulfilling Prophecy
  39. Justice Breyer Is Forever Afflicted With Lochnerphobia
  40. Stare Decisis in Obergefell and Dobbs
  41. What's going on with Dobbs and the S.B. 8 Cases?
  42. Yes, The Supreme Court Has Reversed A Precedent Based Entirely On Its Wrongness

I think I am done writing about Dobbs for now. Still, remember that a case is not over when it is submitted. There will be a seven-month campaign to exert all manner of pressure on the Justices. And, I'll make a prediction. If, in a few weeks, there is a spate of writings about a specific aspect of the case from well-placed writers, there may be have been a leak. These leaks happened in NFIB. And I think they happened in Bostock. There are always attempts to work the refs.