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The Latest Breaking News from Griswold

Buckley v. Valeo is Not What Ails American Democracy

Those who blame Buckley for our current problems are wrong to do so. A contrary decision would have made things worse.

Reason

Protestant ideas shaped Americans’ support for birth control – and the Supreme Court ruling protecting a husband and wife’s right to contraception

Sixty years ago, the Supreme Court ruled that married couples have a constitutional right to use contraception. Griswold v. Connecticut, decided in 1965, made it illegal for states to outlaw birth control for spouses – a right that would not be extended to single people until 1972.

The Conversation

"Personal" Liberty Due Process Cases at the Supreme Court Between Carolene Products and Griswold

It is clear the Court decided "economic" liberty cases in this period, but what about "personal" liberty due process cases, apart from the First Amendment?

Reason

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Jack Smith Explains Why He Did Not Charge Trump With Insurrection

And Smith demonstrates why the Colorado Supreme Court got it wrong.

Reason

RIP, Ken Kersch

I just learned that Ken Kersch, a political science professor at Boston College, has passed away. I knew and liked… The post RIP, Ken Kersch appeared first on Reason.com.

Reason

Part X: Modern Substantive Due Process

An Introduction To Constitutional Law Video Library: Griswold v. Connecticut (1965), Roe v. Wade (1973), Planned Parenthood v. Casey (1992), Whole Woman's Health v. Hellerstedt (2016), Lawrence v. Texas (2003), U.S. v. Windsor (2013), Obergefell v. Hodges (2015), Dobbs v. Jackson Women’s Health Organization (2022)

Reason

Part II: Enumerated Powers

An Introduction To Constitutional Law Video Library: Prigg v. Pennsylvania (1842), U.S. v. Dewitt (1869), Hepburn v. Griswold (1870), Knox v. Lee (1871), U.S. v. E.C. Knight (1895), Champion v. Ames (1901), Hammer v. Dagenhart (1918), Schechter Poultry Corp. v. U.S. (1935), NLRB v. Jones & Laughlin Steel Corp. (1937),…

Reason

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The Supreme Court Refuses To Extend Robinson v. California, A Non-Originalist Decision

Even if an erroneous precedent cannot be overruled, isolate the damage, and decline to extend it to new circumstances.

Reason

A threat to contraception remains

The Right to Contraception Act failed to pass, worrying reproductive rights experts about access in the future

Salon

Republicans kill birth control access

Democrats sought to codify the right to birth control access into law, and put their GOP colleagues on the record

Salon

Senate rejects move to codify right to contraception - Roll Call

Senate Republicans on Wednesday blocked a bill that would ensure a right to contraceptives, calling it a “show vote” for Democrats.

Roll Call

9 justices, many opinions: How the Supreme Court tells lawyers, judges and the public about its decisions and disagreements

When the U.S. Supreme Court issues opinions, you may hear that the nine justices reached a 6-3 or a 5-4 decision. You may also hear that certain justices wrote a concurrence or that there were multiple dissents.

The Conversation

Trump has realized how big of a problem abortion poses for him in this election, reports suggest

Republicans’ failure to unify around national reproductive rights stance continues to be exploited by Democrats

The Independent UK

Does the Constitution Protect the Right To Get High?

Columbia law professor David Pozen recalls the controversy provoked by early anti-drug laws and the hope inspired by subsequent legal assaults on prohibition.

Reason

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Salon

The GOP's coming for birth control next

The GOP's been suffering on the issue of abortion already — Democrats can now clobber them with Alabama's IVF move

Reason

All Blackman-Tillman Articles, Presentations, Amicus Briefs, Commentary, and Blog posts on Section 3 and Insurrection

We started thinking about the topic on January 6, 2021, and have been writing since.

Reason

We're In The Section 3 Endgame Now

[This post is co-authored with Seth Barrett Tillman] On Friday, the Supreme Court granted certiorari in Trump v. Griswold, the Section 3 case from Colorado. On Tuesday, we filed our amicus brief. We have made efforts to think through a fair number of the issues, and we have written about…

Reason

Amicus Brief Filed in Trump v. Griswold On Behalf of Professor Seth Barrett Tillman

"By contrast, a holding that the President is not an 'Officer of the United States' would authoritatively resolve the Section 3 case against the Petitioner. In that event, it will be the people, and not judges, or state officials, or Congress, who will decide."

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Reason

Prof. Rick Hasen on the Colorado S. Ct. Trump Disqualification Ruling

From Election Law Blog, about today's Anderson v. Griswold decision: I am traveling and so I offer only some brief and initial thoughts here about what the United States Supreme Court may and should do in light of the Colorado Supreme Court's determination that Donald Trump is ineligible to serve…

Reason

Griswold v. Anderson: The Section 3 Case Before The Colorado Supreme Court

[This post is co-authored with Professor Seth Barrett Tillman]. On December 6, the Colorado Supreme Court heard oral argument in Griswold v. Anderson. In this case, a number of Colorado voters asked the Court to order the Colorado Secretary of State to remove Trump from the primary ballot. The trial…

Reason

South Carolina's Supreme Court Says the State Constitution Protects a Right to Abortion

The court ruled that the state's six-week abortion ban violates the right to privacy.

Reason

It's All About the Jimmy Hats

Rethinking the constitutional defense of reproductive rights after Dobbs via the Ninth Amendment

Salon

Law professors alarmed by Supreme Court

One professor slammed the court for its “screamingly, unapologetically activist" abortion ruling

Reason

Removal of Books With "Lascivious Content" from School Libraries Likely Constitutionally Permissible

So holds a federal district court, also stressing that "this case does not involve banning books": "A school district does not 'ban' a book when ... it 'decides not to continue possessing [a] book on its own library shelves.'"

Chicago Tribune

Editorial: After Dobbs, same-sex marriage could be threatened. Congress is right to codify it

With the upheaval caused by the Supreme Court’s overturning of Roe v. Wade came aftershocks of worry about what could come next. Could, as Justice Clarence Thomas suggested in his concurring opinion, same-sex marriage get lined up in the court’s crosshairs as a future target? Contraception? Interracial marriage?

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