Danny Li

writing about law and inequality, race, gender, and sexuality

[Danny Li @DannyYLi]

My Essay about the constitutionality of enforcing the Comstock Act as a national abortion ban is forthcoming in @michlawreview

Abstract/link below, feedback welcome!

[Danny Li @DannyYLi]

@maryrziegler @michlawreview Thanks @maryrziegler! Totally inspired by Comstockery :)

[Danny Li @DannyYLi]

My Essay about the constitutionality of enforcing the Comstock Act as a national abortion ban is forthcoming in @michlawreview

Abstract/link below, feedback welcome!

[Danny Li @DannyYLi]

Link: https://t.co/tvbrkDrLjJ

[Danny Li @DannyYLi]

Link: https://t.co/tvbrkDrLjJ

The essay draws on a forthcoming legal history of the Comstock Act from Reva Siegel and @maryrziegler. Comments welcome. @GreerDonley @ProfMMurray @kateashaw1 @AaronTangLaw @RRebouche

[Danny Li @DannyYLi]

Given the live nature of the issue, I’ve posted an early draft of an essay, The Comstock Act’s Equal Protection Problem, arguing that the law’s abortion provision is unconstitutional under equal protection bc it was enacted in 1873 with discriminatory animus against women.

[Danny Li @DannyYLi]

Learned that 2 weeks ago, a district court, upholding the law at issue in Rahimi, cited the @YaleLJournal piece for this exact proposition: https://t.co/FrTtG9E1yj

[Danny Li @DannyYLi]

As I argue in @YaleLJournal (https://t.co/x6u1C3vKYC), cases like Rahimi exemplify how the Bruen's history and tradition method is subordinating. Unsurprisingly, founding era laws did not disarm domestic abusers.

[Danny Li @DannyYLi]

@mjs_DC Sotomayor's dissent in 303 Creative today also takes aim at judicial supremacy:

[Danny Li @DannyYLi]

Bruen's history-and-tradition method encourages supporters of regulation to boast these repugnant histories to lend authority to their claims.

What an impoverished form of legal justification... totally indifferent to the present-day interests of dom violence victims

[Danny Li @DannyYLi]

As I argue in @YaleLJournal (https://t.co/x6u1C3vKYC), cases like Rahimi exemplify how the Bruen's history and tradition method is subordinating. Unsurprisingly, founding era laws did not disarm domestic abusers.

[Danny Li @DannyYLi]

In the briefing to come, expect widespread reference to the repugnant history and tradition of disarming groups deemed "dangerous" - e.g., Native Americans and Black people - as support for the measure's constitutionality.

[Danny Li @DannyYLi]

@steve_vladeck This cite did end up in Kagan's dissent in Nebraska

[Danny Li @DannyYLi]

The decision's conclusion expressly sounds in popular/political constitutionalism, emphasizing that interpretive authority ultimately lies with the People.

[Danny Li @DannyYLi]

Judge Reeves's should be read not only as challenging modern 2A law, but as a wide-ranging and public-facing challenge to the Roberts Court (and arguably judicial supremacy more broadly). A 🧵/

[Danny Li @DannyYLi]

Finally, Judge Reeves challenges originalist theory more generally, citing Larry Kramers's work on popular constitutionalism.