The Ninth Circuit Court of Appeals ruled that the city’s ordinances were foreclosed by the appeals court’s landmark 2019 decision in Martin v. City of Boise. In Martin, a group of homeless plaintiffs had sued Idaho’s largest city to stop it from enforcing criminal provisions that made it a misdemeanor to camp in public places. […]
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Sonia Sotomayor’s Retirement Is Not the Point
Sotomayor, by comparison, has not given Americans nearly as much to be worried about with her health. Her only publicly known medical condition is type 1 diabetes, which is not life-threatening if treated properly. She received treatment from paramedics for low blood sugar in 2018, but no other serious incidents have been reported beyond that. […]
Read MoreThe Supreme Court Could Puncture Prosecutorial Immunity
Justice Antonin Scalia wrote a separate opinion in Burns where he concurred only with the court’s judgment. He also noted, almost in passing, that he was skeptical of Imbler’s reasoning. “[Imbler] relied for that holding upon a common law tradition of prosecutorial immunity that developed much later than 1871, and was not even a logical […]
Read MoreOur Entire Society Is Becoming Addicted to Sports Gambling
Gambling revenue has provided a lifeline to the leagues and team owners as well. The increase in cord-cutting is depriving them of lucrative TV revenue, and younger generations are showing less interest in watching full games. Gambling helps to generate interest in games, perhaps even entire leagues, that one might not consider watching otherwise. Last […]
Read MoreCan States Legally Ban Emergency Abortions?
“Hospitals in many amici States are already experiencing strains, resulting in overcrowding, long wait times, and staff shortages, particularly in rural and underserved areas, all of which can affect morbidity and mortality,” the brief said. “Providing medical treatment to additional patients who require emergency abortion care, and who are likely to be facing heightened health […]
Read MoreThe Fifth Circuit’s Reign of Error Is in Jeopardy
The conservative legal movement’s strategy for building cases among friendly judges predates the Biden administration, the Trump administration, and even roughly half of the current Supreme Court justices. An early vehicle for the Texas strategy was Judge Reed O’Connor, a George W. Bush appointee who serves in the Northern District of Texas. O’Connor is notorious […]
Read MoreConservatives Don’t Have a Monopoly on Originalism
Liberal originalists’ most important contribution is the insight they share with Ponnuru and his conservative allies: that constitutional interpretation is not just for judges and lawyers in lawsuits but rather forged in what Amar has called a “constitutional conversation” and others have labeled “popular constitutionalism.” Balkin starts a 1998 law review article, co-authored with University […]
Read MoreThe Mifepristone Case Isn’t the Endgame for Abortion Opponents
Let’s cast our minds back: Congress was supposed to approve a new farm bill—the massive legislation that covers nutrition, farming, and conservation policy—in 2023, five years after the 2018 farm bill went into effect. But negotiations stretched into this year, with Congress passing a one-year extension of the 2018 measure. The House Agriculture Committee is […]
Read MoreThe Telling Backstory of One Doctor-Plaintiff in the Mifepristone Case
But Johnson dragged out the case for more than a year, into his first months of elected office. His lawyers (along with lawyers for the hospital) asked for and were granted four extensions, claiming they needed more time to conduct depositions with experts and witnesses. Then Johnson tried to have the case proceedings paused and […]
Read MoreTwo Supreme Court Justices Favor Zombie Law From 1873 to Ban Abortion
The Comstock Act gets shorthanded as an anti-obscenity law—which it is—but it’s also an anti-abortion law, making it a crime to use the mail to send or receive any device or object that could cause an abortion. Legal scholars have warned that a post-Roe resurrection of the Comstock Act was coming—a way to further attack […]
Read MoreThe Supreme Court Probably Won’t Ban the Abortion Pill
Abortion rights supporters already won a partial victory in this case when the Supreme Court agreed to hear it last December. The justices agreed to review part of the ruling that dealt with the post-2016 rules. But they declined to review the Fifth Circuit’s decision that left the 2000 approval intact. That meant, legally speaking, […]
Read MoreAnti-Choice Lawyer Makes Huge Slip-Up in SCOTUS Abortion Pill Case
Still, Trump was very likely trying to curry Yass’s favor. A person close to Trump’s campaign anonymously told The New York Times they expected Yass to make a large donation to a group backing Trump’s current presidential bid. Yass, for his part, said he had never donated to Trump and did not intend to do […]
Read MoreSupreme Court Considers Wrecking Abortion Access Nationwide
But in a bizarre rant on his social media platform last week, the GOP presidential pick admitted that he actually has half a billion dollars in cash, which he decided would be better used to fund his presidential campaign than pay back the state of New York for defrauding its taxpayers, banks, and businesses. “THROUGH […]
Read MoreHow Hobby Lobby Could Be Trump’s Reproductive Rights Wrecking Ball
If the Supreme Court reanimates Comstock, it could effectively green-light a ban on some methods of contraception, all without overturning Griswold. “To the extent that the court would literally have a huge shitstorm on his hands were it to overrule yet another precedent, and one as high-profile as Griswold, yeah, this is a great interim […]
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