The Substance of the Supreme Court’s procedure
Last week’s Supreme Court stay orders say a lot about how the Court views the substance of the underlying constitutional claims in Dunn v. Ray and June Medical Services v. Gee.
Justice Kavanaugh Said No On Roe
In June Medical Services, Justice Kavanaugh did exactly what reproductive justice advocates said he did on the court of appeals, and warned he would do once he got to the Supreme Court. Are you listening Susan Collins?
Korematsu And The Entry Ban (Again)
Recently revealed errors in the report that the administration created pursuant to the second entry ban further underscore the parallels between Korematsu v. United States and the entry ban.
Getting To No On Roe: It Continues
Another recent decision from a court of appeals (this time the Fifth Circuit) illustrates how states and courts can undermine women’s right to decide to end their pregnancies without formally overruling the relevant Supreme Court decisions.
Stare Decisis, The Supreme Court, And Roe
Some further evidence that a mere belief in stare decisis and judicial precedent does not mean a judge will not overrule cases, as Susan Collins has (falsely) suggested.
Getting To No On Roe
The question is not whether the reconstituted Supreme Court will overturn Roe v. Wade. The only question is how the Supreme Court will do so.
Senator Collins's Shell Game On Roe v. Wade
Susan Collins claimed that there is no reason to worry about Justice Kennedy's replacement because the Chief Justice (!!!) and Justice Gorsuch (¯\_(ツ)_/¯) would never overturn Roe v. Wade. That's wrong.
Religious Animus or Reality?
In a recent case, the Court suggested that calling out an attempt to use religion to justify harming others was evidence of animus. That’s wrong.