Understanding the Constitution: Why it doesn’t protect the unborn
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.
The new Supreme Court: not conservative, but no longer liberal
The court’s decisions upholding state vax mandates gave us a hint that it was about to overturn Roe.
Why overturning Roe v. Wade causes so much rage
For the pure political operative, the truth of a statement or its value as public policy is entirely irrelevant. For the pure political operative, issues are just weapons.
Fact Check: No, overruling Roe v. Wade would not endanger other rights
Overruling Roe would have no effect on any of these other cases.
Why the Leak of the Draft Decision on Roe v. Wade?
A likely motive is to recreate what happened in Montana in 1972: to expose a potential swing justice to political pressure.
Abortion: The truth about the Supreme Court’s ruling on the Texas Heartbeat Act
The Supreme Court finally declined to privilege a pro-abortion litigant. Instead, it applied the sort of common-sense standard it would apply to any other legal dispute.
Judicial oligarchy is the wrong way to decide abortion policy
On abortion policy America has ceased to be a democracy and has become a judicial oligarchy.
More Evidence That Warren Burger Was Defending Roe v. Wade When He Opposed A Convention of States
More evidence has turned up that the late Chief Justice Warren Burger was defending his Court’s decision in Roe v. Wade when he wrote three letters opposing the Article V convention process. Burger’s letters frequently are cited as authority by opponents of a “convention of states.” However, in an earlier posting I noted that the […]
The Supreme Court’s Same-Sex Marriage Non-Decision: Cowardly and Irresponsible
This article was first posted at cnsnews.com. The Supreme Court’s decision to reject all requests for review of lower-court homosexual marriage cases was cowardly and irresponsible. Certainly it is absurd to call this non-decision, as liberal commentator Cass Sunstein did, a manifestation of “the passive virtues.” There are two possible reasons for the Court’s avoidance. […]
The Defense of Marriage Act Case: A Carcass for Constitutional Vultures
(This is the fourth of several short commentaries on recent Supreme Court decisions.) U.S. v. Windsor—the case in which the Supreme Court struck down the Defense of Marriage Act (DOMA)—is a carcass from which constitutional flesh-pickers will feast for a very long time. It is one of those cases like Dred Scott v. Sandford or […]
