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The Supreme Court is hurting. I can say that with confidence — not based on any inside information but on the external evidence of how hard some of the justices are working to show that everyone on the court really does get along. The retired justice Stephen Breyer, on the talk circuit for his new book on constitutional interpretation, has been making the same point. I’m reminded of the last time the court made a concerted effort to assure the public that all was well. It was during the weeks that followed the ruling that clinched the 2000 presidential election for George W. Bush.
Persons: Sonia Sotomayor, , Amy Coney Barrett, Stephen Breyer, George W, Bush, Ruth Bader Ginsburg Organizations: National Governors Association, George Washington University, Times Locations: Gore, Australia
mary zieglerWell, I think it’s much easier to ban abortion than it is to enforce a criminal law against abortion. mary zieglerNo, I think that’s right. If our abortion politics don’t reflect our abortion views, what does that tell us about the health of the democracy? We’ve seen upwards of 10 states — I think it’s 14 or 15 that have changed their definition of abortion in abortion restrictive states since Dobbs. So, the idea is that abortions that are presented as life saving either are not abortions or are simply pretexts for abortion that’s elective.
Persons: ezra klein, Ezra Klein, , overturns Roe, Wade, we’ve, Dobbs, Mary Ziegler, mary ziegler, Roe, they’ve, they’re, didn’t, isn’t, , We’ve, ezra klein Let’s, mifepristone, Z, They’re, mary ziegler That’s, Comstock, hasn’t, it’s, ezra klein There’s, Kate Cox, kate cox, mary ziegler —, she’d, there’s, you’ll, don’t, you’re, You’re, That’s, I’ve, I’m, they’ll, Ezra, you’ve, that’s, There’s, what’s, Joe Biden, Bill Clinton, You’ve, It’s, Lindsey Graham, Chuck Schumer, Hakeem Jeffries, Trump, mary ziegler There’s, Glenn Youngkin, Glenn Youngkin’s, mary ziegler It’s, we’re, Donald Trump, Roger Severino, Gene Hamilton, Hamilton isn’t, He’s, Stephen Miller’s, Jonathan Mitchell, Biden, — there’s, Josh Prager’s, Jennifer Holland, Daniel K, Williams, Wade ”, Linda Greenhouse, Reva Siegel, ezra klein Mary Ziegler Organizations: New York, Alabama, Republican, U.S, Supreme, for Life, Environmental Protection Agency, mifepristone, and Drug Administration, Republicans, State, Washington State Patrol, Democratic, Catholic Democrat, Wall Street, Act, Virginia Republicans, Republican Party, Leadership, Heritage Foundation, Health, Human Services Department, Trump, Washington Post, New York Times, HHS, Human Services, Department of Justice, Court Locations: Alabama, America, St, Louis , Missouri, East St, Louis , Illinois, Dobbs, Ohio, United States, Texas, mary ziegler — Texas, Kansas, Austin, Houston, Dallas, Florida, Miami, Jacksonville, Tampa, New York, California, Vermont, New Jersey, Missouri, Idaho, Virginia, Colorado, Roe
I never thought I’d be grateful to the Alabama Supreme Court for anything, but now I am. With its decision deeming frozen embryos to be children under state law, that all-Republican court has done the impossible. It has awakened the American public, finally, to the peril of the theocratic future toward which the country has been hurtling. The fact that religious doctrine lay at the heart of Justice Samuel Alito’s majority opinion in Dobbs v. Jackson Women’s Health Organization was perfectly clear, as I observed then. But there’s no avoiding the theological basis of the Alabama court’s solicitude for “extrauterine children,” to use the majority opinion’s phrase.
Persons: I’d, Samuel Alito’s, Dobbs, , ” Tom Parker, Alabama’s, Jeremiah, Organizations: U.S, Jackson, Health Organization, Alabama Locations: Alabama, Dobbs v
Most people know by now about the border war between Texas and the United States playing out along the banks of the Rio Grande. Less obvious, but no less consequential, is an emerging border war inside the Supreme Court. At the physical border are 29 miles of coiled razor wire on the United States side of the river, put in place by the Texas National Guard on orders from Gov. It has had the added and hardly unpredictable effect of barring access to the border by the federal Border Patrol agents. The state lost in Federal District Court on the grounds that the United States is immune from suits of this type.
Persons: Greg Abbott, Abbott Organizations: Texas National Guard, Gov, Republican, federal Border Patrol, Federal, Court, United States, Appeals, Fifth Circuit Locations: Texas, United States, Rio Grande
5 Books to Read About Sandra Day O’Connor
  + stars: | 2023-12-01 | by ( Wilson Wong | ) www.nytimes.com   time to read: +3 min
Readers see a justice who was aware of the significance of her position, and who knew what she wanted her legacy to be. “For anyone interested in the court, women’s history or both, the story of Sandra Day O’Connor and Ruth Bader Ginsburg, their separate routes to the Supreme Court and what they accomplished during the more than 12 years they spent together is irresistible,” Greenhouse wrote in her review. “Did Justices O’Connor and Ginsburg really change the world? As David Margolick wrote in the Book Review, “O’Connor was clearly Toobin’s most important source. She’s also — readers can decide if it’s coincidental — his hero: the justice, he argues, who through her pragmatic, seat-of-the-pants jurisprudence single-handedly kept the court close to the American mainstream, particularly on matters like reproductive freedom and affirmative action.” (2007)
Persons: Jeffrey Toobin, , ’ ”, Sandra Day O’Connor, Alan Day O’Connor, Linda Greenhouse, Sandra Day, prim, Ruth Bader Ginsburg, Linda Hirshman, O’Connor, Ginsburg, ” Greenhouse, , Sandra Day O’Connor O’Connor, Michiko Kakutani, , William Rehnquist, David Margolick, “ O’Connor Organizations: Phoenix Junior League, United States Supreme, Supreme, New Yorker, CNN Locations: American, Arizona, New Mexico, States
And that brings me to the second missing ingredient in the briefs supporting Rahimi: the Second Amendment itself. That is not surprising, the Cato brief notes, because when Section 922(g)(8) was enacted, there was no recognized right to individual gun ownership in the first place. to be deprived through such minimal process.”Other briefs in support of Mr. Rahimi take issue with the nature of protective orders themselves. When I first read Judge Ho’s opinion, I regarded it as an odd digression from the matter at hand, namely how to interpret and apply the Second Amendment. Does even this trigger-happy Supreme Court want to be seen as stripping from women in mortal danger from their intimate partners whatever safety this 29-year-old law has provided?
Persons: Roy S, Moore, , Rahimi, Heller, Cato, Judge James Ho, Abbott, Cruz Organizations: Foundation for Moral Law, Cato Institute, National Rifle Association Locations: Alabama
The justices have simply replaced Chevron’s rule of judicial deference with its polar opposite, a new rule that goes by the name of the major questions doctrine. But how to tell a major question from an ordinary one? The Heller decision in 2008 opened the Second Amendment door a crack, granting individuals the right to keep a handgun at home for self-defense. The question in the case is whether the Second Amendment allows the government to bar gun ownership by an individual under a restraining order for domestic violence. That the answer actually might be “no” — domestic violence wasn’t even a concept in the 18th century, when the Second Amendment was adopted — is too astonishing to contemplate.
Persons: Dobbs, Roe, Casey, Roberts’s, Thomas, , Neil Gorsuch, , Heller, Chafing, can’t, wasn’t, Organizations: Jackson, Health Organization, Wade, Chevron, Biden administration’s Locations: United States
Because Jehovah’s Witnesses believe that saluting the flag or reciting the Pledge of Allegiance amounts to worshiping secular authority, they prohibit their school-aged children from engaging in the practice. The decision upheld a Pennsylvania school district’s expulsion of a Jehovah’s Witness brother and sister. A mere three years later, even though the United States itself was now at war, the court reversed itself. “Compulsory unification of opinion achieves only the unanimity of the graveyard,” he wrote in West Virginia State Board of Education v. Barnette. The consequences of the decision were alarming, and the country paid close attention as the court took up the issue for reconsideration.
Persons: Robert Jackson, , Dobbs Organizations: West Virginia State, of Education, Minersville, Jackson, Health Organization Locations: Europe, United States, West Virginia
Emergency room doctors have to help patients who have been in lots of different life situations, including life situations that the doctors might not approve of. If treating a patient makes you feel “complicit” in whatever the patient did to come to the emergency room, being an emergency room doctor is not the job for you. And, I’ll add, it’s remarkable that three federal appellate judges gave these plaintiffs a green light. But another portion of the opinion is a specific and special gift to employers who claim that their opposition to Obamacare’s mandatory coverage provision is motivated by religion. The Affordable Care Act “forces these plaintiffs to choose between purchasing health insurance that violates their religious beliefs and foregoing conventional health insurance altogether,” he wrote.
This was published in 2021 to mark the 40th anniversary of Sandra Day O’Connor taking a seat on the Supreme Court. Forty years ago this Saturday, on Sept. 25, 1981, Sandra Day O’Connor took her seat on the Supreme Court. Most people in the United States today were not yet born on that early fall afternoon when Sandra O’Connor took the oath of office and ended 191 years of an all-male Supreme Court. The history of her appointment is not the only reason to think today about Sandra O’Connor, who retired 15 years ago and is now, at 91, living with dementia. At a time when the Supreme Court’s behavior seems to embody and even to amplify the country’s polarization, it’s worth reflecting on the path she took during her quarter-century on the court.
Persons: Sandra Day O’Connor, Ruth Bader Ginsburg, Sandra O’Connor, Ronald Reagan, , O’Connor, John F, Kennedy, Lyndon Johnson Locations: United States
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