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The Latest Breaking News from Alito

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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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…

Reason

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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.

Reason

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Abortion and the Free Exercise Clause

What if a doctor feels a religious obligation to perform abortions, (e.g., because he believes doing so is necessary for him to be the Good Samaritan, by removing a threat to his patient's mental health)?

Reason

Washington Post Reports On More SCOTUS Leaks

I have ten general observations.

Reason

Further Thoughts on the Dobbs Leak

There is much, much less in the leaked draft than meets the eye

Reason

What If The SCOTUS Leak Came From A Foreign Hack?

I noted earlier that Justice Alito did not speak to the Fifth Circuit Judicial Conference. As a result, the conference organizers had to shuffle the schedule. We were treated to a presentation from an expert on cyber-security. She discussed at some length how the goal of foreign hacks is to…

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Justice Alito Sends Recorded Video Message To Fifth Circuit Judicial Conference

"Unfortunately personal attendance became impractical, and I apologize for everyone for the change in plans."

Reason

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.

Reason

Whodunit?

And why that is, at this point, an important question - maybe the only important question - emerging from the recent Dobbs leak

WEKU

Gloria Steinem on the consequences of overturning Roe v. Wade

NPR's Mary Louise Kelly talks with journalist and activist Gloria Steinem about her reaction to news that the U.S. Supreme Court appears poised to strike down Roe v. Wade.

Reason

Will Dobbs Be a Ticket Good for this Right Only?

What the Alito draft tells us about a possible future for same-sex marriage.

Reason

On the Leak in Dobbs

How it differs from past SCOTUS leaks and why it poses such a threat

WEKU

Here's why Democrats are making the abortion debate about more than abortion

President Biden and Vice President Harris have both focused on the risks to other rights like marriage and contraception since the draft Supreme Court opinion leaked.

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