UNBELIEVABLE: Glucksberg - The Untold Story

Substantive Due Process After Mirabelli

Dobbs didn't end SDP, but instead reoriented it to the Glucksberg history and tradition test.

Reason · Mar 4

Counting The Votes In Mirabelli v. Bonta

We only know how Justice Gorsuch voted because Justice Kagan told us he was in the majority.

Reason · Mar 3

Justices Debate Substantive Due Process Again, This Time in Parental Rights / Gender Transition Concealment Case

Today's unsigned majority opinion in Mirabelli v. Bonta held that California policies that "prevent schools from telling them about their… The post Justices Debate Substantive Due Process Again, This Time in Parental Rights / Gender Transition Concealment Case appeared first on Reason.com.

Reason · Mar 3

Sixth Circuit Stays Preliminary Injunction Against Tennessee Law Limiting Gender-Affirming Treatments for Minors

A divided panel concludes the plaintiffs are unlikely to prevail on the merits and pledges to expedite the appeal.

Reason · Jul 8, 2023

Texas Sets Up Test Case For Arizona v. U.S.

Can the states detain an alien based on "reasonable suspicion of illegal entry or other immigration crime"?

Reason · Jul 8, 2022

'A revolutionary ruling – and not just for abortion’: A Supreme Court scholar explains the impact of Dobbs

The Supreme Court’s decision to reverse 50 years of constitutional protection for the right to get an abortion is more than 200 pages long. Morgan Marietta, a political scientist at the University of Massachusetts, Lowell, and editor of the annual SCOTUS series at Palgrave Macmillan, studies the ideas and ideology…

The Conversation · Jun 24, 2022

Conjunction Disjunction in the Dobbs Draft

Does the Glucksberg test require a right to be "fundamental" and "deeply rooted" or "fundamental" or "deeply rooted"?

Reason · Jun 9, 2022

Sherif Girgis on the Draft Dobbs Opinion and Its Critics

An assessment of claims that Justice Alito's draft opinion rests on historical error, provides no meaningful basis for distinguishing abortion from other unenumerated rights, and forecloses constitutional protection of the mother's life.

Reason · May 26, 2022

Legal expert: Alito draft's "fatal flaw"

"What makes Justice Alito’s analysis truly disingenuous is its distortion of the one case on which it depends"

Salon · May 12, 2022

Commentary: A retro reading of the Constitution imperils many rights beyond abortion

As astute commentators have noted, the draft opinion in Dobbs v. Jackson Women’s Health Organization not only seeks to overrule Roe v. Wade, but might also someday threaten other decisions like Obergefell v. Hodges, which secured the right to same-sex marriage. What might be less evident is that the draft…

Los Angeles Times · May 11, 2022