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.
Interview with Jury Consultant Jason Bloom -- How 2020 Shapes the Restart of Jury Trials
How is a monk like a veterinarian? The modern Constitution's protection of economic liberty
QAnon, Faces on Mars, and Joe Biden's Inauguration
Can Biden do that? The limits on policymaking by executive order
Can Donald Trump be impeached after he has left office?
Can President Trump pardon himself?
Showdown on Sixth Street: Governor v. Mayor on COVID-19 regulations
No, Texas Can't Secede: A Tale of the Supreme Court and the Confederate Treasury
The Spirit of 1876 - Why Rutherford Hayes Haunts the 2020 Election
Church and COVID - the Supreme Court blocks a gathering-size restriction
"Release the Kraken!" - the risks of Constitutional myth-making
Don't stand so close to the courts -- "standing" and why many election cases fail
Sir Walter Raleigh and President Trump's election lawsuits
Halloween Special - "Attack of the Zombie Statute!"
"Who's on First?" - Why it matters who is sued in election cases.
"Nice Ballot, Old Chap" - How do courts measure the "abridgement" of voting rights?
"Just Kidding?!" -- Can a State Legislature Replace the Popular Vote for President?
Cross-Examining God: Religion's Role in the Barrett Confirmation Hearings
Mark Your Calendar: Six Dates to Know for the 2020 Presidential Election Cycle
Advice and Consent: Can Justice Ginsburg be Replaced in 2020?
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