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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

☆ In Trump Cases, Supreme Court Cannot Avoid Politics
▼ + stars: | 2024-03-05 | by ( Adam Liptak | ) www.nytimes.com time to read: 1 min

In major cases concerning former President Donald J. Trump, the Supreme Court has tried to put some distance between itself and politics. “If the court is trying to stay out of the political fray, it is failing miserably,” said Melissa Murray, a law professor at New York University. The case for attempted unity at the court in cases involving the former president is built on 27 data points, or nine votes each in three important rulings, all nominally unanimous. Those rulings suggest that the justices are trying to find consensus and avoid politics. There were no dissents, for instance, in Monday’s Supreme Court decision letting Mr. Trump stay on ballots nationwide despite a constitutional provision that bars insurrectionists from holding office.

Persons: Donald J, Trump, “, ”, Melissa Murray Organizations: New York University

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

☆ In Her First Term, Justice Ketanji Brown Jackson ‘Came to Play’
▼ + stars: | 2023-07-07 | by ( Adam Liptak | More About Adam Liptak | ) www.nytimes.com time to read: 1 min

From her first week on the Supreme Court bench in October to the final day of the term that ended last week, Justice Ketanji Brown Jackson did something remarkable for a junior justice: She established herself as a distinctive voice on the court. “She was not cowed by her surroundings or the historical import of her appointment,” said Melissa Murray, a law professor at New York University. “She came to play.”Other justices have spoken about taking years to find their footing at the court, but Justice Jackson, the first Black woman to serve on the Supreme Court, wasted no time. Chief Justice John G. Roberts Jr. did not write his first solo dissent in an argued case until 16 years into his tenure. Justice Jackson issued three such dissents in her first term.

Persons: Ketanji Brown Jackson, ”, Melissa Murray, Justice Jackson, John G, Roberts Jr, Jackson Organizations: New York University, “

☆ An obscure, 150-year-old morality law has resurfaced in the legal battle over abortion medication
▼ + stars: | 2023-04-13 | by ( Grace Eliza Goodwin | ) www.businessinsider.com time to read: +4 min

A federal appeals court discussed an obscure, 150-year-old morality law in its decision on abortion medication mifepristone. A challenge to the legality of sending abortion medications via mail referenced the Comstock Act of 1873. A law professor called the legislation an outdated "zombie law" that was now in danger of being "selectively enforced." The Comstock Act was named after Anthony Comstock, a moral crusader in 19th-century America, according to Middle Tennessee State University's First Amendment Encyclopedia. A 'zombie law' that should've been repealedMurray says invoking this "zombie law" is "rolling back modernity."

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