Sotomayor, abortion, and “demosprudence”

Featured image This opinion piece in the Washington Post carries the title, “Sotomayor saw she couldn’t sway her colleagues. So she talked to us instead.” The article is by law professor Melissa Murray who clerked for Sotomayor at the appeals court level. I don’t know whether either proposition in the title is accurate, but I can vouch for the second and third words of the second sentence. Sotomayor talked. She talked and »

The political impact of reversing Roe, two views

Featured image In this post, I speculated about the likely political fallout in 2022 of a decision by the Supreme Court that year to overturn Roe v. Wade. I suggested that such a decision would energize Democrats (who likely will be in need of it) and might help swing a Senate seat or two in their favor. This, in turn, might enable Democrats to maintain control of the Senate. I concluded, however, »

The Chief Justice’s middle course in Dobbs

Featured image After the oral argument in Dobbs, only two outcomes seem possible. Either the Supreme Court will overrule Roe v. Wade or it will uphold the Mississippi statute prohibiting abortion after 15 weeks of pregnancy without overruling Roe. Chief Justice Roberts seems to prefer the second outcome. The questions are: (1) does he have a theory to support it and (2) does he have a conservative Justice who will go along »

Dobbs and the mainstream media

Featured image Heads exploded at the Washington Post yesterday thanks to the oral argument at the Supreme Court in Dobbs v. Jackson Women’s Health Organization, the abortion case. Evidence of the explosion was scattered all over the Post’s front section. In the opinion pages alone, there were four op-eds about the case, plus an editorial. One of the op-eds was by Billie Jean King. Her piece was called “My abortion story shows »

Supreme Court argument suggests shift in abortion jurisprudence

Featured image That, at least, is how the Washington Post interprets today’s oral argument in Dobbs v. Jackson Women’s Health Organization. The team of five (yes, five) Post reporters that covered the argument writes: The Supreme Court on Wednesday signaled that it is on the verge of a major shift in its abortion jurisprudence after hearing nearly two hours of arguments from attorneys for Mississippi, an abortion provider from the state and »

Supreme Court likely to permit challenge to Texas anti-abortion law

Featured image The Supreme Court heard arguments today regarding the Texas Heartbeat Act cases. According to the Washington Post, a majority of Supreme Court justices seemed willing to allow a challenge by abortion providers to the Texas law, which bans most abortions after six weeks of pregnancy and allows enforcement by private citizens. Based on the Post’s reporting of the questioning by Justices, it does seem that the Court will permit that »

Kavanaugh protesters violate federal law

Featured image Dozens of protesters have carried through on their threat to demonstrate at the home of Justice Kavanaugh because of his vote in the case challenging Texas’ anti-abortion bill. Newsweek reports: Around 50 to 60 people gathered outside Kavanaugh’s home in Chevy Chase, holding placards demanding that he resign and protesting against the new restrictive abortion law. . . . The demonstration was largely peaceful and no arrests were made. . »

DOJ files baseless suit against Texas over its abortion law

Featured image The Biden/Garland Justice Department has sued the state of Texas over its new anti-abortion law. You can read the complaint here. Whatever one’s views of the Texas law, the DOJ’s suit is baseless. Its filing demonstrates that under Joe Biden and Merrick Garland, the DOJ has become a hyper-partisan, unprincipled, and lawless tool of the left. The Department of Justice lacks authority to file any lawsuit unless a statute grants »

When the New York Times has moved on

Featured image The New York Times is basically done with Afghanistan. My friend the Times reader reports: Afghanistan is now entirely off the NYT’s front page. The question of the Biden administration’s handling of the withdrawal has disappeared even from the coverage inside. Still no mention of the Ghani phone-call controversy. There are two long articles trying to puzzle out how the Taliban might rule, and one on a protest for women’s »

Apocalypse not yet

Featured image Last night the Supreme Court denied an application for stay of the strange new Texas abortion law by a 5-4 vote. The Court’s order came in Whole Woman’s Health v. Jackson with dissenting opinions by each of the four dissenting justices, Chief Justice Roberts foremost among them. The AP story by Jessica Gresko provides useful background on the statute. Politico Playbook includes a set of comments by Court-watcher Josh Gerstein »

Joe Biden, enemy of religious freedom

Featured image The Justice Department has dropped a case it had filed on behalf of a Vermont nurse who was forced to participate in an abortion that violates her religious beliefs. Fox News reports on this case here. Roger Severino provides important context here. When a Republican administration abandons a lawsuit brought by its Democratic predecessor, the mainstream media invariably cries foul. Perhaps for this reason, Republican cabinet members often persevere with »

Mississippi calls on Supreme Court to overrule Roe v. Wade and Casey

Featured image Next term, the Supreme Court will hear the case of Dobbs v. Jackson Women’s Health Organization. The issue is the constitutionality of Mississippi’s Gestational Age Act, which allows abortions after 15 weeks of gestational age only in medical emergencies or in instances of severe fetal abnormality. This week, Mississippi filed its brief on the merits. It calls on the Court to overturn its decisions in Roe v. Wade and Planned »

A speed bump on the road to indoctrinating federal workers in CRT

Featured image Team Biden isn’t content with imposing critical race theory (CRT) on America’s students. It also is bent on indoctrinating federal workers in CRT’s grotesquely racist anti-American tenets. That, at least, is the conclusion I draw from Biden’s selection of Kiran Ahuja to lead the Office of Personnel Management (OPM). If confirmed to that position, Ahuja would be able to oversee the curriculum for the “diversity, equity, and inclusion” training federal »

Biden passes on Notre Dame commencement

Featured image In the last three presidencies, either the president or the vice president has attended the Notre Dame commencement during the first year in office. George W. Bush gave the commencement address in 2001. President Barack Obama gave the address in 2009. Vice President Mike Pence spoke at the ceremony in 2017. But Joe Biden, only the second Catholic president in U.S. history, will not speak at or attend this year’s »

Supreme Court to review major abortion case

Featured image The U.S. Supreme Court has granted the state of Mississippi’s certiorari petition in the case of Dobbs v. Jackson Women’s Health Organization. The petition concerns Mississippi’s Gestational Age Act, enacted in 2018, which allows abortions after 15 weeks of gestational age only in medical emergencies or in instances of severe fetal abnormality. The question the Court agreed to review is: “Whether all pre-viability prohibitions on elective abortions are unconstitutional.” The »

The Left’s Never-Ending Purity Implosion

Featured image Fun news today that Planned Parenthood in New York has decided to remove the name of its founder, Margaret Sanger, from its local headquarters building because they’ve figured out that she was a deeply racist supporter of eugenics. The New York Times reports: Planned Parenthood of Greater New York will remove the name of Margaret Sanger, a founder of the national organization, from its Manhattan health clinic because of her »

Chief Justice Roberts finds another way for conservatives to lose [UPDATED]

Featured image As expected, the Supreme Court today ruled in favor of abortion providers in June Medical Services v. Russo. It struck down a Louisiana law that required abortionists to maintain admitting privileges at a local hospital in order to perform abortions. The vote was 5-4. Chief Justice Roberts joined the liberal majority. Justice Breyer wrote the majority opinion. Four years ago, Roberts reached the opposite result in a Texas case in »