Last week, Bean pointed us to this op-ed by Cass Sunstein, who argued that Ruth Bader Ginsburg's dissent in Carhart II--which rooted a woman's right to obtain an abortion on the basis that most attempts to interfere with this right violate a woman's equal citizenship--may...
reproductive freedom
Phoebe Maltz makes a good point about laws requiring that women under 18 obtain parental consent before obtaining an abortion. Why is it a good idea for state policy to.
Ruth Marcus on Carhart II:Second, the Father Court Knows Best tone of Anthony Kennedy's majority opinion. "Respect for human life finds an ultimate expression in the bond of love the.
Karen Tumulty has an account of Carhart II that fits squarely within the extremely annoying pox-on-all-their-houses genre endemic to media coverage of the subject. First, she has to claim that both sides are being dishonest in the D&X debate. The anti-choice lobby is criticized because...
Not surprisingly--given that it's charged with the task of defending a law that is indefensible under current doctrine--there are many bad elements to Kennedy's opinion besides its egregious sexism and.
Constitutional scholar Cass Sunstein had a column in yesterday's L.A. Times focusing on Justice Ginsburg's dissent in Gonzales. The dissent, unlike the Court's abortion jurisprudence, focused on the right to.
The amazing Lynn Paltrow (a mentor and friend of mine), founder and executive director of National Advocates for Pregnant Women, has cranked out a strong rebuke to the Supreme Court's holding in Gonzales. She focuses on how Kennedy's decision, while claiming to value life above...
I'm frankly baffled by Ilya Somin's claim that there are plausibly five votes to strike down the PBA Act on Commerce Clause grounds. The most obvious problem with his argument.
It may not come as a shock that I agree with Matt's conclusion that Roe was correctly decided on the merits. (For those who haven't seen it, I lay out.
Great point here by Brad Plumer. It's hard to take Harry Reid's criticism of the Supreme Court's appalling decision yesterday seriously given that he voted for it in the first place. It's a dismaying abrogation of responsibility to score cynical political points by voting for...
Most: It pains me to link to them. Fox News (via Broadsheet):"Congress is practicing medicine and the Court has decided to let it, in direct conflict with its own precedent..
For some reason, the forced pregnancy lobby doesn't understand the well-established contrarian analysis that upholding arbitrary abortion regulations is actually a good thing for reproductive freedom:Elated and emboldened, anti-abortion activists.