Supreme Court 
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SOURCE: Politico
6/14/2022
If Ending Roe Isn't Enough, SCOTUS May Blow Up the Regulatory State
The court could decide that Congress must explicitly define the rules of regulations it passes, which could make things like environmental protection law burdensome or impossible to enforce and effectively cripple federal regulations.
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SOURCE: The Atlantic
6/8/2022
The Supreme Court Isn't Supposed to be this Powerful
by Nikolas Bowie and Daphna Renan
"Judicial supremacy is an institutional arrangement brought to cultural ascendancy by white people who wanted to undo Reconstruction and the rise of organized labor that had followed."
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SOURCE: Politico
6/8/2022
What to Expect after Roe, Based on Research
by Diana Greene Foster
The author has systematically studied the consequences to women of having an abortion or having that freedom denied. She explains what to expect when states are free to outlaw abortion: more child poverty, more maternal death, and reduced opportunities for women, with the poor getting the worst of it.
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6/5/2022
The Dobbs Decision Punctures the Supreme Court's Sacred Mythology
by Alan J. Singer
The Supreme Court uses a myth of its own impartiality to justify a legacy of judicial review that is tainted by its service to slavery and Jim Crow.
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SOURCE: The New Republic
6/1/2022
Why the Police Have No Duty to Protect You
A series of Supreme Court decisions in recent decades have reinforced police officers' discretion about how and if to act, and made in nearly impossible for the public to hold the police accountable for those choices, even when lives are lost.
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5/29/2022
Originalism, History, and Religiosity are the Faults of Alito's Reasoning in Dobbs
by Robert Spitzer
Justice Alito wrote in Dobbs that Roe v. Wade was “egregiously wrong from the start.” But that tart conclusion more aptly applies to the draft verdict of the good justice.
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SOURCE: Boston Review
5/23/2022
Make Progressive Politics Constitutional Again
by Joseph Fishkin and William E. Forbath
It is time to jettison the legal liberalism that holds constitutional interpretation separate from popular politics, or else the government's ability to legislate in the public interest will be destroyed.
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SOURCE: Los Angeles Times
5/10/2022
SCOTUS is Enabling a Backlash Against Free Sexual Expression
by Rebecca L. Davis
The history of legislation aimed at suppressing "vice" shows that abortion is tied to other forms of free sexual expression. The last sweeping attack on sexual freedom took decades to reverse.
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SOURCE: Made By History at the Washington Post
5/5/2022
The Antiabortion Movement's Victory in the War of Language
by Jennifer L. Holland
The antiabortion movement was able to overcome American skepticism of enshrining religious views into law and demands by women for full citizenship by turning the language of rights to apply to fetuses. It remains to be seen if this language will lead to a national ban on abortion in the name of fetal personhood.
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SOURCE: Activist History Review
5/4/2022
For Deliverance: A Letter on Roe
by Riley Clare Valentine
A Catholic scholar and activist concludes "it is an act of love, of caritas, to reject the unjust undoing of Roe and to continue to help our neighbors who need access to abortions."
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SOURCE: The Atlantic
5/3/2022
Is Alito's Plan to Repeal the 20th Century?
Alito's invocation of Plessy v. Ferguson as a reason to discard precedent is galling because his opinion would destroy the kind of protection under law that Homer Plessy actually sought.
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SOURCE: Substack
5/3/2022
Republican Right is Forcing the Birth of the Society it Wants (and Most Americans Don't)
by Claire Potter
"Memo to radical conservative activists: despite your wettest fantasies, “libs” don’t cry at moments like this. We get angry, really angry. And we fight."
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SOURCE: The New Republic
5/5/2022
Why the End of Roe Isn't Likely to Energize the Democrats
by Natalie Shure
Until the Democratic Party and its pro-choice supporters decide to take action to fix the fact that abortion restrictions are already harming poor and working-class women, they are unlikely to win elections based on their nominal support for abortion rights.
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SOURCE: In These Times
5/3/2022
Protest Can – And Should – Influence the Supreme Court
by Eric Stoner
Direct action is the only way to push the court's majority more into line with the will of the majority of the public.
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SOURCE: The Constitutionalist
3/3/2022
Judicial Leaks, 19th Century Style
by Mark A. Graber
When a Justice leaked a draft of the Dred Scott decision to James Buchanan, hoping the president-elect would cajole a fellow Pennsylvanian on the court to join the opinion as a non-southern vote, it was a non-story. Today the focus should be squarely on the substance of Samuel Alito's ruling.
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SOURCE: The Atlantic
5/3/2022
Leaked Opinion Shows Not Just the End of Roe, but Conservatives' Delight in It
by Mary Ziegler
The court's right-wing majority is clearly emboldened by the belief that the Republican Party and the conservative legal movement have its back.
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SOURCE: The New Yorker
5/4/2022
Abortion Isn't in the Constituiton? Neither are Women
by Jill Lepore
"Women are indeed missing from the Constitution. That’s a problem to remedy, not a precedent to honor."
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SOURCE: Made By History at the Washington Post
5/3/2022
Originalists Seriously Misconstrue the Constitution's Silences on Abortion
by Laura Briggs
Samuel Alito would argue that the Constitution's silence on abortion means the founders recognized no right to it. But it's more likely they understood abortion to be a common act that didn't intersect with the business of the government.
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SOURCE: Truthout
4/25/2022
The Dark Money Behind KBJ Attacks Is Coming for Public Schools
by Alyssa Bowen
"Dark Money" organizations allow a small group of elite families to use their wealth to control the content of education around the country.
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SOURCE: Washington Post
4/6/2022
What Tom Cotton Got Wrong about Robert H. Jackson and Nuremberg
by Gillian Brockell
"Jackson not only supported the Nuremberg defendants’ right to counsel, he was a key part of the governing body that enshrined it into international law."
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