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.
"The socialists are coming!" (Or, are they already here?)
Signs of the Times - Does the First Amendment Protect I-35's Giant Billboards?
Why are you striking those Hispanic jurors?
Can a state require vaccinations? And is the Supreme Court's 1905 answer still good?
Too conservative for the Roberts Court? The 5th Circuit goes to Washington.
"But I Don't Want to Wear a Mask!"
The Case of the Missing Mule
The liberty to sell a slave? An 1843 Republic of Texas court case still has a lot to teach us.
"Cancel Culture" and the First Amendment - lessons from a recent 8-8 Fifth Circuit case
Roger Stone's pardon - two concerns (PILOT)
James Throckmorton - should his statue remain in place? (PILOT)
Chiafolo v. Washington - what do "faithless electors" mean for me? (PILOT)
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