May state legislative applications limit an Article V convention? Subject, yes; specific language, probably not
- September 12, 2013
As Justice Samuel Alito pointed out in Dobbs v. Jackson Women’s Health (pdf)—and as the late, great Justice Antonin Scalia said repeatedly—the Fifth and 14th Amendment Due Process Clauses really have nothing to do with abortion.
READ MOREAll of these false assertions emerged from a historical process—primarily during the 19th century—that I’ve labeled “The Great Forgetting.”
READ MOREFor the court to strike down a federal abortion law, it would have to . . . courageously enforce the Constitution’s subject-matter boundaries between federal and state jurisdiction.
READ MOREThe leading myth in Indian law is that the Constitution gives Congress “plenary” (absolute) authority over Indian affairs.
READ MOREThe court’s decisions upholding state vax mandates gave us a hint that it was about to overturn Roe.
READ MOREJustice Thomas’s opinion affirms that the scope of the right to keep and bear arms is fixed by the words of the amendment. The law is reflected in those words, not in some judge’s idea of what is important.
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