A Needless and Mistaken Attack on Lochner v. New York
The 14th Amendment ought to protect people against special-interest legislation (as was the case in Lochner) that deprives them of basic freedoms.
Samuel Alito
A Dredful Parallel to Dobbs
Comparing the Supreme Court’s holding in Dobbs to the Court’s holding in Dred Scott is patently ridiculous.
The Phantom Hunt for the Supreme Court Leaker
Meanwhile, the post-Dobbs frenzy continues.
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.
Alito Smacks Down Breyer’s Attempt to Link Concealed-Carry Case to Uvalde
Justice Samuel Alito struck back at the attempt by Justice Stephen Breyer to tie the Supreme Court concealed-carry decision to Uvalde.
What Justice Alito’s Draft Opinion Overlooked
The born-alive rule and its prenatal application demonstrate that Anglo-American law never recognized any right to abortion, even before quickening.
Distorting Alito, Part 13,214
A couple of very odd recent posts by law professor Sherry Colb caught my attention.
What the Dobbs Draft Opinion Doesn’t Do
Far from radical, the opinion is actually modest in scope — leaving conservatives still in need of an alternative theory of rights.
Common Criticism
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.
Re: Kagan and Breyer Hail Common-Law Jurist Matthew Hale
An erudite reader informs me that Kagan’s more respectful title for Hale is also wrong.