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☆ Why Abortion Is Back at the Supreme Court - The New York Times
▼ + stars: | 2024-03-26 | by ( Melissa Murray | Kate Shaw | ) www.nytimes.com time to read: +2 min

In his majority opinion in the case overturning Roe v. Wade, Justice Samuel Alito insisted that the high court was finally settling the vexed abortion debate by returning the “authority to regulate abortion” to the “people and their elected representatives.”Despite these assurances, less than two years after Dobbs v. Jackson Women’s Health Organization, abortion is back at the Supreme Court. In the next month, the justices will hear arguments in two high-stakes cases that may shape the future of access to medication abortion and to lifesaving care for pregnancy emergencies. These cases make clear that Dobbs did not settle the question of abortion in America — instead, it generated a new slate of questions. The first case, scheduled for argument on Tuesday, F.D.A. At issue is the law’s interaction with state laws that severely restrict abortion, like an Idaho law that bans abortion except in cases of rape or incest and circumstances where abortion is “necessary to prevent the death of the pregnant woman.”

Persons: Roe, Wade, Samuel Alito, Dobbs, America —, ” Organizations: Jackson, Health Organization, Supreme, Alliance, Hippocratic, Food, Labor Locations: America, Idaho

☆ Why the Supreme Court Should Clear the Way for a Pre-Election Trump Jan. 6 Trial - The New York Times
▼ + stars: | 2024-03-11 | by ( Kate Shaw | ) www.nytimes.com time to read: +1 min

When the U.S. Supreme Court ruled last week that Colorado could not keep Donald Trump off its presidential primary ballot, it proved at least one thing: The court can decide a case both quickly and with a keen eye to the political calendar. The court handed down its decision just one day before Super Tuesday, when voters in Colorado (and Maine) were slated to cast their primary ballots. Through different processes, both states determined that Mr. Trump had engaged in insurrection, and therefore that he was constitutionally ineligible to serve as president and could not appear on the ballot. The states had put their determinations on hold pending Supreme Court review, which meant Mr. Trump remained on the ballot. This was not the first time that the court has shown sensitivity to the political calendar.

Persons: Donald Trump, Trump Organizations: U.S, Supreme, Republican Locations: Colorado, Maine

☆ Opinion | The Quiet Blockbuster at the Supreme Court Could Impact All Americans
▼ + stars: | 2023-11-22 | by ( Kate Shaw | ) www.nytimes.com time to read: +3 min

If embraced in its entirety, the nondelegation doctrine could spell the end of agency power as we know it, turning the clock back to before the New Deal. but would also “invalidate much of the federal budget.” It might also throw into question the constitutionality of other federal agencies, including potentially the Federal Reserve. The Supreme Court has put on hold lower court rulings that invalidated parts of the F.D.A.’s approval, but that’s no guarantee of how the court would ultimately rule in the case. It would furthermore likely destabilize the F.D.A.’s approval process, which has long been seen as the global “gold standard” of drug safety. But embracing these arguments would not result in the court returning power to Congress but claiming enormous and novel powers for itself.

Persons: ’, John Roberts Organizations: Consumer Financial, Federal Reserve, Food

In Dobbs, the conservative justices said that a right to abortion was not explicit in constitutional text and was not deeply rooted in the history or traditions of this country. In withdrawing the longstanding right to abortion, the court relied on a history in which women were not considered full members of the polity to justify imposing on women today a crabbed vision of equal citizenship. In this regard, Rahimi is not only a sequel to Bruen, but also a sequel to Dobbs. The court may seem poised to uphold the law, but the conservative justices did not appear interested in revisiting the history-and-tradition test announced in Bruen. Only Justices Elena Kagan and Ketanji Brown Jackson appeared openly skeptical of the test.

Persons: Dobbs, Rahimi, Elizabeth Prelogar, Elena Kagan, Ketanji Brown Jackson, Justice Jackson, we’re Locations: Bruen

An unusual special election that lawmakers have scheduled in Ohio for Aug. 8 may tell us a great deal about this moment in American politics after Roe v. Wade. In Dobbs v. Jackson Women’s Health Organization, the Supreme Court justified its decision overruling Roe with an appeal to democracy. In that time, more than a dozen states have banned abortion, through the enforcement of pre-Roe abortion bans or the enactment of new ones. In other states, abortion access has been severely limited. But one important countervailing trend in the post-Dobbs era has been the use of direct democracy to protect abortion rights.

Persons: Roe, Wade, Dobbs, overruling Roe, Samuel Alito Organizations: Jackson, Health Organization Locations: Ohio

☆ Opinion | Has the Supreme Court Gone Overboard in How It Favors Religion?
▼ + stars: | 2023-07-08 | by ( Kate Shaw | ) www.nytimes.com time to read: +2 min

The court’s Groff opinion shows a different aspect of the trajectory of religious rights. It involved an evangelical Christian who for religious reasons did not wish to work on Sundays. When his employer, the Postal Service, began Sunday deliveries at his location, he initially sought and received a transfer. He filed a lawsuit arguing that the service was required to do more to accommodate his Sunday Sabbath practice. By elevating one set of needs — religious obligations — above all others, the court has undermined the ability of employers to respond to a diverse work force in ways that fairly account for different needs.

Persons: Groff, Alito, Smith Organizations: Postal Service, Airlines

☆ Opinion | Political Stagnation Is Not Our Only Option
▼ + stars: | 2023-05-05 | by ( Jamelle Bouie | ) www.nytimes.com time to read: +2 min

It’s been 64 years since Congress added new states to the union — Alaska and Hawaii, in 1959. And it’s been 94 years since Congress capped the size of the House of Representatives at 435 members. For more than 50 years, the United States has been frozen in a kind of structural and constitutional stasis. Our stagnant political system has produced a stagnant political landscape. President Barack Obama won his second term by around 4 percentage points, and President Biden won by a similar margin in 2020.

☆ Amending the U.S. Constitution Could Start With the E.R.A. - The New York Times
▼ + stars: | 2023-05-02 | by ( Kate Shaw | Julie C. Suk | ) www.nytimes.com time to read: +2 min

The last truly significant amendment — the 26th, which lowered the voting age to 18 — belonged to another era, in 1971, when Richard Nixon was president. It looked to be sailing to ratification, for which the Constitution requires approval by three-quarters of the states. in 1972, it included a ratification deadline, providing that the amendment would be part of the Constitution “when ratified within seven years” — that is, 1979. What Article V of the Constitution does say is that Congress is in charge of proposing amendments that it deems necessary. If the deadline power belongs to Congress, shouldn’t the power to change any deadlines it imposes — as well as the power to refuse to recognize rescissions — also lie with Congress?

☆ What is Moore v. Harper? Experts say the next big Supreme Court case 'could provide the path for election subversion'
▼ + stars: | 2022-07-03 | by ( Katherine Tangalakis-Lippert | ) www.businessinsider.com time to read: +6 min

The Supreme Court on Thursday agreed to hear the case of Moore v. Harper in October. Moore v. Harper is a North Carolina case regarding the independent state legislature doctrine and gerrymandering. The review was granted on June 30 with the case to be heard in the Supreme Court session this October. "And it would do so at a time when voting rights are under attack, including at the Supreme Court itself." Conservative Supreme Court justices Neil Gorsuch, Brett Kavanaugh, Clarence Thomas, and Samuel Alito have all endorsed versions of the legal theory in previous court opinions.

Persons: Moore, Harper, —, Harper Moore, Robin Hudson, Samuel Alito, Clarence Thomas, Neil Gorsuch, Timothy K, SCOTUS, Leah Litman, Kate Shaw, Carolyn Shapiro, Brennan, Brett Kavanaugh, Richard Hasen, Cortez Organizations: Service, Republican, Democratic, North Carolina Supreme, General, United States, North Carolina House of, Independent, Washington Post, Supreme, Brennan Center, Justice, Conservative, New York Democrat Locations: North Carolina, North Carolina's, Alexandria

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