by Nicholas Goldberg As they confront the most serious challenge to Roe v. Wade in decades, abortion rights supporters are relying heavily on the legal principle known as stare decisis, which says that long-standing precedents must be followed and should not be overruled except under ...
by Carla Hall Today marks the 49th anniversary of the Supreme Court decision in Roe vs. Wade that guaranteed the right to an abortion. Will it be the last? Since 1973, when the court ruled that there was a right to abortion, derived from the Constitution, up to the point of ...
by Erwin Chemerinsky and Jeffrey Abramson At the start of this new semester, we face a sobering reality. As law and political science professors, we’re in new territory: instructing our students about the foundations of constitutional law when neither they nor we have faith that the ...
by Jackie Calmes We can argue whether 2021 was “the least bad year of the last two years,” as “The Daily Show” claimed, considering that it began with a bloody insurrection at the Capitol and ended with U.S. COVID-19 deaths exceeding 820,000. Yet rather than debate the past, ...
by Noah Feldman If you can’t beat ‘em, join ‘em. That’s the spirit of the law proposed by California Gov. Gavin Newsom to empower private citizens to sue anyone who makes or sells assault rifles in the state. The law violates the Second Amendment as interpreted by a federal ...
by Robin Abcarian It was impossible to listen to the Supreme Court’s oral arguments over a restrictive Mississippi abortion law without wondering how a woman who has experienced pregnancy and childbirth so many times could be so cavalier about it. Last Wednesday, newly installed ...