Kindling a New Originalist Fire

"...originalism did not begin with answers. It began when Robert Bork faced the Warren Court’s 'Because!' and asked: 'But why?' Why these rulings and not others?.... The entire originalist-textualist project sprang from the search for an answer to these questions, for a bulwark against an earlier Supreme Court’s ipse dixit." - Law & Liberty

270 reads

Chief Justice Roberts Confirms Authenticity of Leaked Dobbs Draft Opinion

"In a statement released on Tuesday morning, Chief Justice John Roberts confirmed the authenticity of a draft majority opinion in Dobbs v. Jackson Women’s Health Organization that would overturn the precedents set in Roe v. Wade and Planned Parenthood v. Casey." - N.Review

Related, from The Dispatch (podcast): Making Sense of the Supreme Court Leak

1132 reads

Justices skeptical of Maine exclusion of faith-based schools

"The high court heard oral arguments regarding the constitutionality of Maine’s school-choice program, and several of the justices appeared skeptical of the state’s defense of its refusal to include schools that teach their religious beliefs." - BPNews

354 reads

What to Expect If You’re Expecting SCOTUS to Overturn Roe v. Wade

"the key question is whether five justices can be convinced that there is something sounder—more constitutionally defensible...that can replace Roe/Casey. The most important storyline in today’s oral argument will be whether Mississippi, in defending its 15-week abortion ban, can argue that there is." - The Dispatch

376 reads

Unanimous court upholds religious liberty of foster-care agency

"In a judgment that spanned the ideological spectrum, the nine justices agreed Philadelphia violated the First Amendment’s protection of the free exercise of religion by refusing to contract with Catholic Social Services (CSS) for foster care services.... because CSS does not place children with same-sex couples." - BPNews

433 reads