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 abortion as necessary for women's equality. As Sunstein notes, Ginsburg has argued for an equality...
constitutional law
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.
In the course of a conservation I've been having with an extremely smart lawyer about John Roberts' arguments about Article III, I've been trying to clarify some thoughts about judicial review and democracy. Before I get into that, however, it's worth emphasizing the distinction beteween...