The 14th Amendment ought to protect people against special-interest legislation (as was the case in Lochner) that deprives them of basic freedoms.
Comparing the Supreme Court’s holding in Dobbs to the Court’s holding in Dred Scott is patently ridiculous.
Meanwhile, the post-Dobbs frenzy continues.
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.
Justice Samuel Alito struck back at the attempt by Justice Stephen Breyer to tie the Supreme Court concealed-carry decision to Uvalde.
The born-alive rule and its prenatal application demonstrate that Anglo-American law never recognized any right to abortion, even before quickening.
A couple of very odd recent posts by law professor Sherry Colb caught my attention.
One of the dumbest criticisms of Justice Alito’s draft in Dobbs is that he cites Sir Matthew Hale on the common law’s treatment of abortion.
An erudite reader informs me that Kagan’s more respectful title for Hale is also wrong.