This is the final of three articles in this series. This part analyzes the potential that the constitutional right of privacy, in a variety of modern forms, may be at risk if the Supreme Court goes through with a draft decision to end the right to abortion. ********** A Supreme Court decision is something like… Read More
Justice Alito’s draft on abortion — Part II: the result
This is the second of three articles. This part deals with the way the Supreme Court, according to a draft of an opinion, would implement a decision to end the constitutional right to abortion. ********** Justice Samuel A. Alito, Jr., has stirred up a wide array of questions about what his draft Supreme Court opinion… Read More
Justice Alito’s draft on abortion — Part I: the reasoning
This is the first of three articles. This part discusses the arguments made in the draft of a potential Supreme Court opinion that would overrule the Court’s two most important decisions on the right to abortion. The draft was leaked to the public last week. *********** The Supreme Court is pulled in opposite directions when… Read More
Forgetting “the ladies” — again
If America had a “Founding Mother,” it surely was Abigail Adams, the wise and witty “best friend” to her husband John. She is remembered for many things, but perhaps most often for a letter she wrote to John in March 1776, when he was serving in the Continental Congress, writing laws to govern colonial America…. Read More
Court opens leak investigation
Chief Justice John G. Roberts, Jr., has ordered an investigation by Court staff of the source of last night’s leak of a draft opinion on the pending Mississippi abortion case. In doing so, the Court confirmed that the draft opinion was authentic, but cautioned that it is not final. It is not clear whether a… Read More
The Court term’s final hearing
The last hearing of the Supreme Court’s current term will be held tomorrow, focusing on an attempt by the state of Oklahoma to overcome – at least partly – a devastating legal setback it had in the Court two years ago. The state would have preferred that the Court use this new case to overrule… Read More
Federal courts: Too powerful?
The Supreme Court’s hearings on Tuesday focus on basic disputes about federal courts’ monitoring of powers that the Constitution assigns elsewhere in government. The first case is a test of federal court supervision of how Congress and the Executive Branch manage immigration at the U.S.-Mexico border. The second case involves states’ resistance to federal courts’… Read More
A test of Death Row execution methods
Tomorrow, the Supreme Court turns from a new school prayer controversy in the first hearing of the day, to a second potentially deeply divisive controversy – a major dispute over the death penalty. Frustrated for years that the process of capital punishment stretches out for years and years, the Court is more or less continually… Read More
Prayer in public schools — again
The Supreme Court on Monday reopens two long-running controversies, core constitutional disputes that always divide the Court – and, in fact, divide the entire nation. The first case being heard is about prayer at public schools, with the prospect that some of the Court’s longest-standing precedents on that issue are at risk of being overturned. … Read More
A new look at Miranda rights
On Wednesday, the Supreme Court will explore an issue that has lingered unanswered for decades: should it hold police accountable for failure to give “Miranda warnings” to suspects they want to question? That’s the topic of the only hearing tomorrow. The “live” audio (no video) will be broadcast on the Quick Links on the Supreme… Read More