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The Latest Breaking News from Alito

I read the 1973 Roe v Wade ruling to see what we lost. Everyone should

What I admire most is how the ruling, at once profound and lyrical, describes the atmosphere surrounding the issue of abortion. It is beautiful

The Guardian - US

Supreme Court Gives Biden Administration a (Temporary?) Win on Immigration with Final Decision of Term

Chief Justice Roberts final opinion of the term rejects the statutory challenge to the Biden Administration's rescission of the "Remain in Mexico" policy.

Reason

Justice Breyer's Final(?) Majority Opinion Is A Win For Federal Power

Justice Breyer consistently resisted conservative efforts to constrain federal power, so his opinion in Torres is a fitting swan song.

Reason

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Chief Justice Roberts Lost His "Long Game"

The road from Citizens United to Dobbs was paved with saving constructions.

Reason

Scalia's "Prophecy" in Lawrence And The Joint Dissent in Dobbs

That awkward moment when Justice Breyer joins an opinion that criticizes his join in Lawrence.

Reason

The Assignments and Timing in Dobbs

Who assigned the majority opinion to Justice Alito?

Reason

The Limits of Bruen

The Constitutionality of "Shall Issue" Regimes After Bruen.

Reason

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Dobbs, Abortion, and Stare Decisis

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.

Reason

Anti-abortion politician sparks outrage saying women should control intake of semen

The US Supreme Court overturned Roe vs Wade, ending constitutional protections for abortion that have been in place for nearly 50 years, sparking widespread protests

Daily Mirror

SCOTUS descends into madness

Right-wing justices ran the Constitution through a search engine and took what they wanted. Is segregation next?

Salon

What is Roe v Wade, what are US abortion laws and what is different in the UK?

A Supreme Court ruling is expected to lead to abortion bans in roughly half of US states.

The Independent UK

Tentative Thoughts On The Jewish Claim To A "Religious Abortion"

Recently, Congregation L'Dor Va-Dor, a synagogue in Palm Beach County, Florida, challenged the constitutionality of Florida's new abortion restriction. I think there are many procedural problems with the complaint, including standing and the scope of the proposed remedy. (See my post here.) But here I'd like to address the merits…

Reason

What's Wrong With That Footnote? It's Only Seven Words Long!

Chief Justice Roberts refuses to join a wee little footnote in a Justice Barrett opinion.

Reason

Barrett v. Gorsuch -- Continued

Justice Gorsuch has dissented from two-thirds of Justice Barrett's majority opinions this term.

Reason

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Reason

Who The Hale Cares What They Think?

Justice Barrett cites Sir Matthew Hale, as did Justice Alito in Dobbs draft.

Reason

Textualism Monday

Four decisions that turn on the meaning of text.

Reason

Court Limits Ban on Speech That Causes "Substantial Emotional Distress" with "Intent to Harass or Intimdate"

The court concludes that the federal "cyberstalking" statute covers only speech intended to "put the victim in fear of death or bodily injury" or to "distress the victim by threatening, intimidating, or the like."

Reason

Kavanaugh's Paradox

For more than a month, protestors have demonstrated outside of Justice Kavanaugh's house. The purpose of these gatherings is clear: to pressure the Justice to change his vote in Dobbs. On Tuesday, Nicholas John Roske traveled to Justice Kavanaugh's house with the same purpose. But instead of wearing a pussy…

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Reason

Conjunction Disjunction in the Dobbs Draft

Does the Glucksberg test require a right to be "fundamental" and "deeply rooted" or "fundamental" or "deeply rooted"?

Reason

Extraordinary Relief and "Existing Law"

The Supreme Court has just vacated the Fifth Circuit's stay of a district court's preliminary injunction against HB20, Texas's new social media law by a 5-4 vote. Justice Alito (joined by Justices Gorsuch and Thomas) wrote a dissent. (Justice Kagan also noted that she would deny the stay, but did…

Reason

Supreme Court Reinstates Stay of Texas Social Media Law (Pending Appeal); Justices Alito Dissents

Justices Thomas and Gorsuch join Justice Alito's dissent, and Justice Kagan disagreed with the majority without opinion. This is not a decision on the merits of the law, but Justice Alito's dissent notes why the answer to the merits question is "quite unclear."

Reason

Sherif Girgis on the Draft Dobbs Opinion and Its Critics

An assessment of claims that Justice Alito's draft opinion rests on historical error, provides no meaningful basis for distinguishing abortion from other unenumerated rights, and forecloses constitutional protection of the mother's life.

Reason

Originalists Don't "Hate America"

A reply to Professor Andrew Koppelman

Reason

Akhil Amar on the Draft Dobbs Opinion

A prominent progressive law professor challenges some of the prevailing orthodoxy on Roe, Dobbs, and Supreme Court precedent.

Reason

Cancelling Henry de Bracton

If you don't like what Bracton said about abortion, wait till you read what he wrote about hunting foxes.

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