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Supreme Court

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‘Remember the Ladies’

February 23, 2023 by William H. Freivogel

When the great-grandmothers of today’s young women were born, women couldn’t vote. They were expected to be mothers and homemakers. When the grandmothers of today’s young women were born, women had no legal protections against discrimination in education, jobs or credit. The Supreme Court said “Equal Protection” in the 14th Amendment didn’t include women. When the mothers … [Read more...] about ‘Remember the Ladies’

Originalism vs. a living Constitution

February 2, 2023 by William H. Freivogel

Is the Constitution dead or alive?  The late Justice Antonin Scalia, long the chief advocate of originalism on the Supreme Court, was unequivocal. “The constitution that I interpret is not living but dead,” he said in a 2008 speech.  His counterpart, the late Justice William J. Brennan Jr., intellectual leader of the Warren Court, was equally insistent it was a … [Read more...] about Originalism vs. a living Constitution

The Supreme Court is losing legitimacy

January 26, 2023 by William H. Freivogel

The Supreme Court’s decision overturning Roe v. Wade has resulted in the steepest drop in respect for the U.S. Supreme Court in almost a century – the steepest since the Roosevelt court packing crisis of 1937. James L. Gibson, a political science professor at Washington University and national expert on the subject, wrote in September that the Dobbs v. Jackson decision … [Read more...] about The Supreme Court is losing legitimacy

Media outlets need to talk about abortion as self-defense

September 15, 2022 by Susan Frelich Appleton

We need to talk about abortion as self-defense. Terminating a pregnancy as an act of self-defense has been missing from the public conversation, despite media saturation with all manner of news and viewpoints about abortion—from the unprecedented leak of a draft Supreme Court opinion to the striking defeat of an anti-abortion ballot initiative in Kansas and the complications in … [Read more...] about Media outlets need to talk about abortion as self-defense

Brilliant lawyers invented false claims supporting Trump’s election lie

May 26, 2022 by William H. Freivogel

Young lawyers chosen to clerk for U.S. Supreme Court justices are the most brilliant law school graduates of their generation. Some go on to serve as justices themselves - Roberts, Rehnquist, Gorsuch, Kavanaugh, Barrett, Kagan, White, Breyer, Stevens. One remarkable fact about President Trump’s attempt to block the peaceful transfer of presidential power for the first time … [Read more...] about Brilliant lawyers invented false claims supporting Trump’s election lie

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