Precedent, Reliance, and Dobbs
Vol. 136 No. 7
Abstract Our system of stare decisis enables and encourages people to rely on judicial decisions to form expectations about their legal rights and duties...
Abortion Law
Fifth Amendment Rights as Abortion Rights
A Black woman arrives at a hospital in South Carolina with a medical emergency. She is having labor pains, and the medical staff ask...
The Labor and Delivery of Reproductive Justice for Workers: The Post-Dobbs Workforce
Chapter Four
Disobedience, Medicine, and the Rule of Law
Response to Medical Disobedience
Vol. 136 No. 5
Professor Dov Fox’s Medical Disobedience could not have appeared at a more consequential time for the medical profession. Just look at what is happening...
Medical Disobedience
Vol. 136 No. 4
America’s medical conscience regime is broken. Doctors or nurses who conscientiously deny care get shielded from being sued, fired, or prosecuted — even if they don’t...
Complicit Bias and the Supreme Court
Response to Race in the Roberts Court
Vol. 136 No. 2
The principle that sustains compulsory vaccination is broad enough to cover cutting the Fallopian tubes. Three generations of imbeciles are enough. Justice Oliver Wendell...
PAK v. Attorney General
Vol. 136 No. 2
As access to abortion is a rapidly developing question in the United States’s legal landscape, courts across the world are revisiting criminalization and constitutional...
Racism, Abolition, and Historical Resemblance
Forum response to Professor Bridges' Foreword
Response to Race in the Roberts Court
Vol. 136 No. 1
Race in the Roberts Court
Vol. 136 No. 1
When it comes to people of color, the Roberts Court treats “racism” as if it is an objective fact — out there in the world, apparent to anyone who stumbles upon it. The Roberts Court invites observers to believe that it is just using simple common sense when it identifies, or refuses to identify, something as racism.
A Response to Justice Amy Coney Barrett
During oral argument in Dobbs v. Jackson, the Supreme Court case challenging Mississippi’s attempt to prohibit pre-viability abortions, Justice Coney Barrett called the attention...