law and the courts

Abortion & Ireland: Report Shows Rate Increased in 2019 after Legalization – Politics Article

A celebration following the result of the abortion referendum, Dublin, Ireland, May 26, 2018 (Max Rossi/Reuters) In May 2018, Ireland voted to repeal the Irish constitution’s eighth amendment, opening the door for full legalization of abortion, which officially became legal on January 1, 2019. A new report from Ireland’s Department of Health shows that the number of abortions performed in the country surged during the first full year after legalization. This report indicates that 6,666 abortions took place in Ireland,…

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Supreme Court & Conservative Justices: Weird Rulings – Politics Article

Supreme Court justices Neil Gorsuch and Brett Kavanaugh at the Capitol in Washington, D.C. February 5, 2019. (Doug Mills/Pool via Reuters) There will be much good and astringent commentary on today’s Supreme Court decision striking down Louisiana’s modest attempts to regulate abortion clinics like any other medical provider. But one of the most bracing was written by Jesse Merriam before the decision came down. Over at Law and Liberty, Merriam holds that “the [conservative legal] movement never worked out its…

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Supreme Court Abortion Case — June Medical: Two Important Points – Politics Article

United States Chief Justice John G. Roberts (Jim Young/Reuters) Like everyone around these parts, I’m disappointed that John Roberts cast the deciding vote to strike down an abortion law, continuing to apply a precedent he himself thinks was wrongly decided. Here I just wanted to note two interesting takes I’ve seen elsewhere. First, at the Cato Institute’s blog, Ilya Shapiro notes that Roberts has not always been so deferential to precedent: After all, stare decisis didn’t stop him from overturning precedent in Citizens…

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Neil Gorsuch and Mrs. America – Politics Article

Cate Blanchett as Phyllis Schlafly in ‘Mrs. America’. (FX Networks/Screenshot via Youtube) In April, the political drama Mrs. America debuted to critical acclaim on FX and Hulu. The show chronicles the campaign to pass the Equal Rights Amendment to the Constitution and the opposing campaign led by Phyllis Schlafly, played in this production by Cate Blanchett. Section 1 of the ERA states that “equality of rights under the law shall not be denied or abridged by the United States or…

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Chief Justice John Roberts & DACA — A Decision without Substantive Law Precedent – Politics Article

President Donald Trump greets Supreme Court Chief Justice John Roberts as he arrives to deliver his State of the Union address in the House Chamber in Washington, D.C., February 4, 2020. (Leah Millis/Reuters) When I heard about the reasoning in Chief Justice John Roberts’s decision concerning the DACA case, I had a real deja vu experience. Roberts applied arcane administrative law jurisprudence to obtain a particular policy result he favored — and without creating a policy precedent that would bind…

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Supreme Court & DACA — What’s Next? – Politics Article

Pro-DACA demonstrators near the White House, September 5, 2017 (Eric Baradat/AFP/Getty) Dan’s piece on the home page nicely explains the absurdity of the Supreme Court’s DACA ruling. In his conclusion, he writes, “DACA repeal will still happen — if Trump is in office long enough for DHS to finish the task.” This is probably true, but not automatic. The weak sisters in the White House may well have greeted this decision with secret relief, in that it could let the…

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Prayer, Racism & More — Fifteen Things That Caught My Eye Today: (June 10, 2020) – Politics Article

1. Father Roger J. Landry: Protesting on Both Knees 2. Sen. Marco Rubio: On the Unjust Death of George Floyd and Racism in America: The foundations of our country are not irredeemably racist. Abolition, women’s suffrage, desegregation, the Civil Rights movement—these were not appeals to overthrow our values, these were demands that we fulfill them. And the Constitution that once considered slaves three-fifths of a human being was ultimately the vehicle used to free them and, eventually, to secure their most…

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Roe v. Wade, Abortion & Courts — Making It Up – Politics Article

I’d like to thank Ramesh for his post below, because it cannot be said often enough: Roe v. Wade and the rest of our abortion jurisprudence is the federal courts “just making it up as they go.” Roe is, and always has been, preposterous. It is an exercise in pure politics masquerading as constitutional law. It ought to be understood as bad law and as an abuse of judicial power irrespective of one’s view of abortion rights. This highlights the…

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