‘Heartbeat Bills’ Might Be the Abortion Laws Least Likely to Attract Supreme Court Review
The justices have given signs that they’re going to go slow on the abortion issue.
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The Equal Rights Amendment Is Deader than Marley’s Ghost
It is long past time to bury the proposed amendment.
Originalism, the Right to Life, and Judicial Nominees
If senators can properly and publicly look for an 'originalist' philosophy in judicial nominees, they can look for a 'right to life' philosophy as well.
The Supreme Court Sows Confusion about Abortion Law
On the Hellerstedt case (2016) and the scope of state abortion laws.
Why Won’t the Supreme Court Hear Abortion Cases?
The Supreme Court& decided today not to hear Arizona’s appeal in defense of its 20-week limit on abortion, but that doesn’t mean 20-week limits are unconstitutional. The Court simply declined ...
U.S. Appeals Court Eases the Burden on Texas to Enact Abortion Safety Regulations
When a Texas federal district court in Planned Parenthood v. Abbott struck down and issued an injunction against two sections of Texas’s health and safety regulations on abortion clinics on ...
Progress after Casey
Twenty years ago today, on Monday, June 29, 1992, the Supreme Court handed down its decision in Planned Parenthood v. Casey, a tragic mistake in the view of pro-life Americans ...
Is Kagan’s Idea of Judicial Restraint Merely Internal?
William Rehnquist has been cited as a justice who, like Elena Kagan, was never a judge before his nomination to the Supreme Court. (Rehnquist was an assistant attorney general in ...
Feingold and Kagan on the Doe ‘Health’ Exception
This morning, Sen. Dianne Feinstein (D., Calif.) got Elena Kagan to confirm that she believes that “Roe and Doe require” that any state “regulation” of abortion protect the “health” of ...
Overemphasis on Abortion in Confirmation Hearings: A Response to Adam Liptak
Adam Liptak had an extensive article in Monday’s New York Times on a recent study of the questions and answers in Supreme Court nomination hearings between 1939 and 2009. In ...