As we posted today at Balkinization, Reva Siegel and I updated our forthcoming piece in the Texas Law Review to account for the Court's recent ruling in B.P.J. and what comes next. Hope you have a chance to read.
https://t.co/mgUYPCmOBr
https://t.co/3LP94xzauf
BREAKING: SCOTUS stays the Fifth Circuit's mifepristone stay order, keeping mifepristone available on current terms.
Thomas and Alito file separate dissents.
Background: https://t.co/aXjGQejOiA
Party realignment is such a huge part of post-Roe history, although its causes are more complicated than just reaction to Roe. Given that we are waiting on a decision from SCOTUS on the 5 CA's mifepristone ruling today, interesting to contemplate where parties are headed now.
Today, being politically conservative is synonymous with being pro-life.
That wasn't the case at all right after Roe.
In 1977, the ideological gap between pro-life/pro-choice was 5 points or less among Christian groups.
It's a chasm, now.
48 points among mainline Prots!
Happy to share the final version of my @CreightonLawRev article, "The Dormant Commerce Clause's Lessons for Religious Exemptions." Thanks to many friends and mentors for their help on earlier drafts! Available on SSRN: https://t.co/kqsqnpnqja.
The question is *how much* of an issue, & whether there is 1) any action in court on one of many cases involving mifepristone/interstate conflict; 2) movement in the Trump Admin; 3) a major new state development, like the abolitionist bill in SC. The issue isn't going away.
New from me: Abortion isn't the top issue in 2026 โ but Democratic & liberal candidates in state Supreme Court races in WI & GA this spring and in some upcoming House primaries are still running on it (link in replies)
This is an important first appraisal of Biden's time in office, with an all-star group of historian contributors, edited by @julianzelizer. Hope you get a chance to read!
There were signs that Judge David Joseph thought Louisiana had standing and is right about the dangers of mifepristone. So this was less about siding with the Trump than it was giving the admin more time. After the midterm, if not before, all bets are off.
BREAKING: A judge just sided with the Trump admin in a major case about regulation of abortion pills, putting on pause Louisiana's attempt to get national restrictions on the drugs while the FDA conducts a review. This means nothing changes for now. https://t.co/KcETbpKLZM
So honored to be 1 of 2 winners of the Organization of American Historians Prize for Contributions to Public Policy, which recognizes scholars who have made "a significant contribution to U.S. public policy through historical research." Learn more here: https://t.co/gdMLYsVr9d
Iโm flattered that a tenured Yale Law School professor has taken aim at my 2017 student note in her latest article. While I think her critique ultimately misses the mark, I always appreciate thoughtful engagement with my scholarship!
Having written on the recent struggle for personhood, I find it super interesting to see this debate about originalist arguments unfold. I'd encourage everyone to read both papers and decide for themselves.
Iโm flattered that a tenured Yale Law School professor has taken aim at my 2017 student note in her latest article. While I think her critique ultimately misses the mark, I always appreciate thoughtful engagement with my scholarship!
The FDA's explanation of its decision here is legally correct, but the fact remains that this move--and the lack of other action on mifepristone from the Trump Administration--suggests that the president feels no pressure to please pro-life groups.
Breaking News: The FDA approved a generic version of the abortion pill mifepristone, expanding the supply at a time when the Trump administration is under pressure from abortion opponents to sharply restrict access to the pills. https://t.co/mO6DQzKwok
J. Kacsmaryk is sending this major abortion case to the Eastern Dist of MO). The Trump Administration argued that the original plaintiffs don't have standing, and this outcome--more delay with the later possibility of a big pro-life win--may suit them.
https://t.co/71jOMOgnhK