For the Balkinization Symposium on Legal Pathways Beyond Dobbs. Kimberly Mutcherson

Time to repost this one from 6 years ago:Friday, May 31, 2019If the Chamber of Commerce is Listening . . .Gerard N. MaglioccaThere are media reports that the U.S. Chamber of Commerce is considering a lawsuit challenging the President’s proposed tariffs against Mexico. I hope they do so. They have a good chance…

For the Balkinization Symposium on Legal Pathways Beyond Dobbs.Meghan Boone 

The question
of whether embryos and fetuses are legal “people” is unlikely to be
definitively answered anytime soon. While the movement for fetal personhood has
steadily gained traction in the last fifty years, there is still a great deal
of disagreement concerning the point…

I recently published this column in The Hill that attempts to discern patterns in the Administration’s executive actions to date.  In short, I found three.  First, the majority of Executive Orders are not themselves particularly meaningful.  They are crafted to be resistant to facial challenge.  People pouring over each EO when it comes out looking for…

For the Balkinization Symposium on Legal Pathways Beyond Dobbs.B. Jessie Hill

            After Dobbs
eradicated liberty as a basis for the abortion right, an obvious and pressing
question is whether an alternative framing for that right might find more
purchase, either with state courts interpreting their own state constitutions,
or with the federal courts.…

For the Balkinization Symposium on Legal Pathways Beyond Dobbs.Evan D. Bernick

Howard
Philips Lovecraft was born in 1892, nineteen years after the enactment of the
Comstock Act and six years before the Supreme Court affirmed birthright
citizenship as a constitutional guarantee. He dreamed of monsters and brought
them to life with language that has…