In a recent article in Slate, I note that the Texas medication-abortion case highlights the distinction between "political" and "judicial" conservatism. The district court's ruling reached a desirable result from a "politically" conservative perspective (reduced abortion access). But it rests on a standing argument that is not "judicially" conservative (the plaintiffs rely on a chain of possibilities to establish their claimed injury). The Fifth Circuit will confront that distinction in the May 17 arguments in this case. This episode examines this choice, adding new developments from the last few weeks to the analysis in my Slate article.
Podcasting About Podcasting! I interview Todd Smith and Jody Sanders about their "Texas Appellate Law" podcast podcast
Why the Supreme Court is Like a Bowl of Soup: Clarence Thomas + Dobbs = Legitimacy Worries
Randomized SCOTUS Terms: A Cure for Dull Confirmation Proceedings?
Can SB8 be adapted to regulate firearm sales?
My Law Firm Has Reopened: What Now? Interview with design expert Anne Kniffen.
"Can the School Board Ban that Book?"
Juries, Voters, and Acceptance of Responsibility: Jury Consultant Jason Bloom Returns
"Chocolate Is Life": How to Navigate a Global Supply Chain and Eat Well Too!
"SB8: A Terrible Beauty" - November 2021 Baylor Law Presentation, Part Two
"SB8: A Terrible Beauty" - November 2021 Baylor Law Presentation, Part One
The Law of Thanksgiving: How a National Holiday Comes to Be
"In re Debs" - the 1895 railroad-strike case that may control the Texas abortion dispute
Critical Race Theory in Texas Schools: Valuable Tool, Scary Monster, or Something Else Entirely?
Does the Heartbeat Act violate the "Open Courts Clause" of the Texas Constitution?
Treason, or Smart Soldiering?
Interview with Matt Rinaldi, the new Texas GOP Chair
Does the Heartbeat Act violate the Texas Constitution?
Interview with Former Railroad Commission Candidate Chrysta Castaneda -- Why the Lights Went Out in February . . . and Will it Happen Again?
Is the Fifth Circuit More Conservative Than the Roberts Court? Revisited.
No, Donald Trump Can't Be "Reinstated" as President
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