When Is Government Official's Blocking Commenter from Social Media Page "State Action"?
4h By Eugene VolokhThe Sixth Circuit disagrees with the Second Circuit in the @RealDonaldTrump case (but maybe not by much).The "Judges of Wisdom" and the "Mystical Aphorisms of the Fortune Cookie"
5:43pm By Josh BlackmanThe Dobbs dissenters should have quoted that other passage from Justice Scalia about Justice Kennedy.Glenn Youngkin's Proposed 15-Week Abortion Ban Speaks to Abortion Moderates
5:15pm By Emma CampThe Virginia governor's proposed 15-week ban shows what a moderate approach to abortion looks like.Abortion and "the People and Their Elected Representatives": Abortion-Related Initiatives and…
5:13pm By Eugene VolokhIn Dobbs, the Court concluded that the Constitution doesn't speak on whether abortion should or shouldn't be legal, and that therefore the question should be returned "to the people and their elected representatives." But if we look at national surveys, it…Scalia's "Prophecy" in Lawrence And The Joint Dissent in Dobbs
4:47pm By Josh BlackmanThat awkward moment when Justice Breyer joins an opinion that criticizes his join in Lawrence.A New Jersey Town Wants To Charge This Woman $5,000 To Sell Cookies
4:41pm By Fiona HarriganSomerville still has costly regulations on the books even though New Jersey has legalized the sale of home-baked items.What's Wrong With Abortion Federalism?
4:11pm By Peter SudermanPlus: stereotypes within libertarianism, and Katherine compares the editors to Buffy the Vampire Slayer characters.SCOTUS Rules That Doctors Who Write Prescriptions in Good Faith Can't Be Convicted of Drug…
3:50pm By Jacob SullumThe unanimous decision will rein in prosecutions that have long had a chilling effect on pain treatment.The Assignments and Timing in Dobbs
3:33pm By Josh BlackmanWho assigned the majority opinion to Justice Alito?The Supreme Court's Dobbs Decision Threatens Assisted Reproduction
3:25pm By Ronald BaileyIVF at "significant risk"Bruen, Originalism, and Post-Enactment Practice
2:30pm By Josh BlackmanWhat role should liquidation play in originalism?Supreme Court Says High School Coach's Postgame Prayers Are Protected Free Speech
2:30pm By Scott ShackfordA 6–3 majority sees it as noncoercive and not a violation of the Establishment Clause.Small Change Tolerance Slippery Slopes (Reposted)
1:34pm By Eugene Volokh[I originally erred in posting this, which kept comments from being available; I've therefore deleted the original and reposted it.]The Limits of Bruen
1:29pm By Josh BlackmanThe Constitutionality of "Shall Issue" Regimes After Bruen.New Complaint Challenges Limits to Corporate Speech Enacted by Florida's 'Stop WOKE Act'
11:33am By Emma CampThree Florida companies are suing in federal court for the right to discuss diversity and inclusion concepts in workplace trainings.Red Flag June Continues As Lemon Is Finally Interred
10:43am By Josh BlackmanJustice Gorsuch stabs the final pencil into the Lemon Test.The Next Abortion Battlegrounds
10:11am By Jonathan H. AdlerThe Supreme Court may have overturned Roe v. Wade, but it has not ended legal battles over abortion.Justice Thomas (Still) Wants Supreme Court to Revisit "Actual Malice"
9:46am By Jonathan H. AdlerJustice Thomas reiterates his desire to revisit the contours of defamation law and New York Times v. Sullivan.Some States Restrict Abortion After Dobbs, Others Rush To Protect Access
9:35am By Elizabeth Nolan BrownPlus: What overturning Roe means for Republicans' future, court halts ban of Juul products, and more...Slippery Slope Arguments in History: Socrates
9:22am By Eugene VolokhFrom the Phaedrus dialogue: Socrates…. Where is deception most likely to occur—regarding things that differ much or things that differ little from one another? Phaedrus. Regarding those that differ little. Socrates. At any rate, you are more likely to…My Deseret News Article on Carson v. Makin
9:00am By Ilya SominThe article explains why the Supreme Court was right to hold that state voucher programs can’t discriminate against “sectarian” religious schools and addresses various objections.Religious Accommodation Claim Over Objections to Having to Wear Multi-Colored Heart Symbol Can Go to…
8:32am By Eugene VolokhFrom Judge Lee Rudofsky's opinion Thursday in EEOC v. Kroger Ltd. Partnership I (E.D. Ark. June 23, 2022): This case arises from Kroger's termination of two employees. The Equal Employment Opportunity Commission alleges that these terminations amount to…Enforcing Abortion Bans Is Much Harder Than Winning in Court
8:30am By J.D. TuccilleThere’s no painless way to restrict choices for people who resist.Small Change Tolerance Slippery Slopes
8:01am By Eugene Volokh[I had to repost this, because of a technical error on my part; please click here to see that post.]Today in Supreme Court History: June 27, 2005
7:00am By Josh Blackman6/27/2005: McCreary County, Kentucky v. ACLU and Van Orden v. Perry are decided.Obamacare and SCOTUS, 10 Years Later
6:00am By Peter SudermanEven Obamacare's fiercest advocates say it has not lived up to its goals.Brickbat: And You Thought the Pollsters Were a Pain
4:00am By Charles OliverThey came to grab a bite at the food court or do some lunch-time shopping, but 50 people at Calgary's Core Shopping Centre ended up with a summons for jury duty. And they had to report immediately. It's called Talesman, and it's basically grabbing someone off…Bruen's Originalist Analogical Reasoning Applies A Presumption of Liberty
1:40am By Josh BlackmanA new framework for originalist judging.John Roberts and the Path SCOTUS Did Not Take on Abortion
Sun 7:15pm By Jacob SullumAlthough the chief justice's incrementalism did not sway his colleagues, his observations about the meaning of a "right to choose" could be relevant in state legislatures.Dobbs Won't End the Legal Battle Over Abortion
Sun 6:28pm By Ilya SominLiberals won't reconcile themselves to Dobbs, any more than conservatives accepted Roe v. Wade and Casey.
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