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Via Moira Donegan – @MoiraDonegan [Columnist covering gender and politics @guardianUS] – “Matthew Hale, the 17th century English jurist approvingly cited by Alito in the draft Dobbs opinion, is the creator of “Hale instructions,” text that was read to juries in rape trials for centuries cautioning them not to believe women. The practice was ended …
The Atlantic: “…Alito claims to be sweeping away one of the great unjust Supreme Court precedents, such as Dred Scott v. Sanford, which held that Black people had no rights white men were bound to respect, or Plessy v. Ferguson, which upheld racial segregation. But in truth, Alito is employing the logic of Plessy, allowing …
Lewis, Sebastian, Precedent and the Rule of Law (27 10, 2021). 41 Oxford Journal of Legal Studies 873 (2021), Available at SSRN: https://ssrn.com/abstract=4077240 or http://dx.doi.org/10.2139/ssrn.4077240 “Courts may reason using precedents in various ways, but not all of them satisfy the rule of law. This article provides two ways that are compatible with this ideal, and …
The Experiment / Podcast Produced by The Atlantic and WNYC Studios/ A transcript of this episode is available. “There’s a common story about abortion in this country, that people have only two options to intentionally end a pregnancy: the clinic or the coat hanger. They can choose the safe route that’s protected by Roe v. Wade—a …
Politico: “In the wake of the news about the draft opinion overturning Roe, a new POLITICO/Morning Consult poll reveals that a clear majority of voters want the court to support abortion rights. Highlights from the poll, conducted Tuesday entirely after the news broke: Fifty-seven percent of voters want SCOTUS to support abortion rights, 28% hope …
American Constitution Society, May 3, 2022, Washington, D.C. – “Today, Roe remains the law of the land and until a final decision is handed down by the Supreme Court, those seeking abortion care should not be deterred from accessing the healthcare they need. If the draft opinion published last night by Politico is ultimately issued …
Politico: “The Supreme Court has voted to strike down the landmark Roe v. Wade decision, according to an initial draft majority opinion written by Justice Samuel Alito circulated inside the court and obtained by POLITICO. The draft opinion is a full-throated, unflinching repudiation of the 1973 decision which guaranteed federal constitutional protections of abortion rights …
Politico: “Justice Samuel Alito’s draft opinion, which would overturn Roe v. Wade, wages a frontal assault on the reasoning of the landmark 1973 opinion that found a federal constitutional right to abortion. Alito’s draft is labeled as a proposed majority opinion, though the wording of the court’s ultimate ruling and the line-up of justices who …
WSJ – Open-source data offers a trove of possible evidence, but it is untested at the International Criminal Court – “Each morning as he sips his coffee, Giancarlo Fiorella opens Telegram, a social-media app popular in Ukraine, and starts scanning for videos of potential war crimes—attacks on schools, or use of cluster munitions. When he …
Slate: “A few months ago, professor Katherine Franke suggested, in a conversation on my podcast Amicus, that the current Supreme Court seems to be working its way toward what she called a “tiered” system of constitutional rights, one that would, in any conflict arising between the two, almost unerringly privilege religious liberty over every other …
The Dignitary Confrontation Clause, March 01, 2022 | 97 Wash. L. Rev. 207. Erin Sheley Abstract: For seventeen years, the Supreme Court’s Confrontation Clause jurisprudence has been confused and confusing. In Crawford v. Washington (2004), the Court overruled prior precedent and held that “testimonial” out-of-court statements could not be admitted at trial unless the defendant had …
Dorfman, Doron, Disability as Metaphor in American Law (April 26, 2022). University of Pennsylvania Law Review, Forthcoming, Available at SSRN “In recent decades, the term disability has become associated with a legally protected minority group of people living with impairments and the social oppression that stems from them. Yet in the legal realm the term …
