Could Congress Legalize Abortion Nationwide?
Yesterday, we talked about how Dobbs is a federalism solution but how the issue of abortion tourism may cause the states to fight each other. The conflict between the states about issues…
Federalism, the Biden Administration’s Threats, and Abortion Tourism
Moving on from what Dobbs means for the issue of substantive due process, let’s take a look at what the right to life looks like in America after Dobbs. We’ll look at three…
Stare Decisis and Political Will, and Other Substantive-Due-Process Precedents
Stare Decisis and Political Will, and Other Substantive-Due-Process Precedents Yesterday, we looked at whether the Court’s other substantive-due-process decisions are in doubt after Dobbs. Applying Glucksberg, the Court should have no trouble…
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