Supreme Court

  • The Antiabortion Movement's Victory in the War of Language

    by Jennifer L. Holland

    The antiabortion movement was able to overcome American skepticism of enshrining religious views into law and demands by women for full citizenship by turning the language of rights to apply to fetuses. It remains to be seen if this language will lead to a national ban on abortion in the name of fetal personhood. 

  • For Deliverance: A Letter on Roe

    by Riley Clare Valentine

    A Catholic scholar and activist concludes "it is an act of love, of caritas, to reject the unjust undoing of Roe and to continue to help our neighbors who need access to abortions."

  • Is Alito's Plan to Repeal the 20th Century?

    Alito's invocation of Plessy v. Ferguson as a reason to discard precedent is galling because his opinion would destroy the kind of protection under law that Homer Plessy actually sought. 

  • Why the End of Roe Isn't Likely to Energize the Democrats

    by Natalie Shure

    Until the Democratic Party and its pro-choice supporters decide to take action to fix the fact that abortion restrictions are already harming poor and working-class women, they are unlikely to win elections based on their nominal support for abortion rights. 

  • Judicial Leaks, 19th Century Style

    by Mark A. Graber

    When a Justice leaked a draft of the Dred Scott decision to James Buchanan, hoping the president-elect would cajole a fellow Pennsylvanian on the court to join the opinion as a non-southern vote, it was a non-story. Today the focus should be squarely on the substance of Samuel Alito's ruling.

  • Originalists Seriously Misconstrue the Constitution's Silences on Abortion

    by Laura Briggs

    Samuel Alito would argue that the Constitution's silence on abortion means the founders recognized no right to it. But it's more likely they understood abortion to be a common act that didn't intersect with the business of the government. 

  • How Rights Went Right

    by David Cole

    Is an all-or-nothing view of constitutional rights at the root of growing cultural clashes pitting civil rights against the free exercise of religion? A new book suggests alternatives. 

  • A Pledge to Recuse by KBJ Likely Means the End of Affirmative Action

    by Keisha N. Blain

    With a challenge to Harvard's affirmative action looming, Judge Jackson's pledge to recuse herself means that the Supreme Court is more likely to rule that affirmative action in private university admissions is unconstitutional, with the likely consequence of increasing racial inequality.