[I]f the Texas laws aimed at health reform unduly burden the right to choose, it is important to consider how state gun control laws could likewise infringe upon the right to bear arms….Like the “right to choose,” the right to a firearm is not limitless….what are the outer bounds of limitation?
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Pro-Choice? You Might Also Be Pro-Gun
Texas, Abortion and the Supreme Court
Once again, Texas loses at the U.S. Supreme Court over abortion.
In 1973, Texas’ ban on abortion was overturned in the landmark Roe v. Wade case.
And Monday, the state’s restrictions on abortion clinics was struck down, deemed an “undue burden” to a woman’s right to an abortion.
While Americans’ deeply divided opinions about abortion have not changed much in the past 20 years, the debate still rages over a woman’s right to what she can and cannot do to her body versus the rights of the unborn.
Obama Nominates Judge Merrick Garland to Supreme Court
Merrick Garland, a longtime Washington lawyer, is considered a moderate jurist. He currently serves as chief judge of the U.S. Court of Appeals for the District of Columbia Circuit. If approved by Congress, he will fill the vacancy left by the late Justice Antonin Scalia.
Scalia Remembered as Wise, Witty & Acerbic
To say Supreme Court Justice Antonin Scalia’s intellectual power left an indelible mark the nation’s highest court doesn’t quite capture his reach. Just note the words used to describe his 29 year career shortly after news of his death on Saturday: “remarkable legacy, colossal consequence, an extraordinary jurist…” He was an unapologetic court conservative, famed for “biting dissents,” as one long-time court watcher put it. Scalia was a “textualist,” interpreting the exact words of the U.S. Constitution, not its inferred intent. Along with his many notable court decisions, Scalia has now been pulled into the current presidential campaign: his death has prompted a partisan debate over which president – the incumbent or the winner of the November vote – should appoint his successor.
The Supreme Court’s Next Landmark Cases
Last term saw vindication of the long liberal fight for gay rights. This time the victors in a long war are much more likely to be conservative.
Is Kim Davis a Modern Day Rosa Parks?
When a county clerk in Kentucky refused to process marriage licenses to gay couples, citing her religious beliefs, some supporters compared her to civil rights icon Rosa Parks. Others said she should quit her elected position if she could not uphold U.S. law. Kim Davis spent the weekend in jail after her petition to the U.S. Supreme Court was denied. Is this battle that pits religious beliefs with civil law the same as the fight to desegregate a racially divided nation? Opinions are mixed.
Jimmy Carter’s Most Important Legacy: Female Judges
Often cited as an exemplar of post-presidency productivity, one significant aspect of his in-office legacy stands out: Carter appointed 41 female judges—five times as many as all his predecessors combined.
Did the Supreme Court Overreach on Controversial Rulings?
The decision to make same-sex marriage the law of the land has roiled many conservatives, some of whom say the court is guilty of “judicial tyranny.” The decisions, they argue, show the court is becoming politicized. Supreme Court justices are appointed by the president to lifetime terms. Senator Ted Cruz (R-Texas) has gone so far as to call for the justices to face election.
Supreme Court Ruling on Gay Marriage Marks Profound Cultural Shift
Last week’s landmark 5 to 4 decision on the constitutionality of same-sex marriage is a watershed moment. To supporters, it was the culmination of decades of court petitions and a non-stop activist movement. Opponents largely blasted the justices for imposing their judicial will inappropriately, and trampling on states rights. Either way, gay marriage now has the blessing of the highest court in the land.
Facebook Threats Case Still Menace to Free Speech
Winston Churchill once said that there is “nothing in life is so exhilarating as to be shot at without result.”
Ruth Bader Ginsburg’s Slam of Donald Trump
Like all the justices, Ginsburg is expected to render decisions in line with her judicial ideology, that is, her understanding of how the Constitution should be interpreted. This matter of interpretive style is as much a political judgment as a legal one. But electoral politics have long been off-limits for sitting judges, including justices.