1962—“Almighty God, we acknowledge our dependence upon Thee, and we beg Thy blessings upon us, our parents, our teachers, and our country.”
In Engel v. Vitale, the Supreme Court holds that ...

The Long Battle to Overturn Roe
Some reflections on the long, and now successful, battle to overturn Roe

Dobbs and Rational-Basis Review
In overruling Roe and Casey, the Court in Dobbs sets forth “rational-basis review” as the appropriate constitutional standard for review of challenges to abortion laws.

Supreme Court in Dobbs Overturns Roe
In a crowning achievement of the conservative legal movement, the Supreme Court has—at long last!—overturned Roe v. Wade and restored abortion policy to our democratic processes.
This Day in Liberal Judicial Activism—June 24
1992—In Lee v. Weisman, a 5-justice majority, in an opinion by Justice Kennedy, rules that a nondenominational prayer delivered by a rabbi at a public school graduation ceremony violated the ...

This Day in Liberal Judicial Activism—June 23
It’s hardly a surprise that justices who willy-nilly invent rights that aren’t in the Constitution ignore rights that are.

Court’s Excellent Free-Exercise Ruling in Carson v. Makin
Chief Justice Roberts wrote the majority opinion, and the three liberal justices dissented.

This Day in Liberal Judicial Activism—June 21
In their dissents in Paris Adult Theatre I v. Slaton, Justice Douglas reiterates his belief that obscenity is fully protected by the First Amendment.

This Day in Liberal Judicial Activism—June 20
Justice Scalia marvels at the majority’s ability to extract a ‘national consensus’ from the fact that 18 of the 38 states that permit capital punishment have recently enacted legislation barring execution . . .

This Day in Liberal Judicial Activism—June 19
A mere audience member at an American Constitution Society panel discussion on the forthcoming presidential election, Second Circuit judge Guido Calabresi can’t restrain himself.