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.
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...
Response to Race-ing Roe: Reproductive Justice, Racial Justice, and the Battle for Roe v. Wade
Vol. 134 No. 7 I. Throwing Down a Gauntlet Professor Melissa Murray is right about one thing. Laws banning trait-selection abortion — prohibitions on abortion when had solely...
Vol. 134 No. 6 Amidst a raft of major Supreme Court decisions, a relatively quiet concurrence has planted the seeds for what may precipitate a major transformation in...
Vol. 134 No. 4 The Indian nations had always been considered as distinct, independent political communities, retaining their original natural rights . . . . — Worcester v....
Vol. 134 No. 1 Judges have to have the humility to recognize that they operate within a system of precedent . . . . — Then-Judge John G. Roberts, Jr. [Stare...