Category Archives: Abortion

The Rise and Fall of the No-Litmus-Test Rule

For decades, presidential candidates disclaimed the idea that they would have “litmus tests” for their nominees to the Supreme Court. Republicans and Democrats alike agreed that to demand that their judicial nominees decide particular cases particular ways would be wrong. Judicial litmus tests were bad. They were what candidates accused opponents of having. In the … Continue reading The Rise and Fall of the No-Litmus-Test Rule

Argument Review: NIFLA v. Becerra

Free speech and reproductive rights were at issue when the Court heard oral arguments in the highly anticipated case National Institute of Family and Life Advocates (NIFLA) v. Becerra on Tuesday, March 20. As described here, his case concerns whether the First Amendment allows the State of California, via the Reproductive FACT Act, to require … Continue reading Argument Review: NIFLA v. Becerra

How Justice Breyer Rewrote Abortion Law in Whole Woman’s Health

An assessment of the Supreme Court’s most recent abortion decision by ISCOTUS Director Christopher W. Schmidt In his opinion for the Court in Monday’s Whole Woman’s Health v. Hellerstedt, Justice Breyer had two goals: to write a bland opinion and to rewrite abortion law. Breyer’s opinion conscientiously avoids engaging with the most controversial elements of … Continue reading How Justice Breyer Rewrote Abortion Law in Whole Woman’s Health

Introducing “Body Politic”

ISCOTUS and Oyez are thrilled to announce the launch of Body Politic, an interactive exploration of the Supreme Court’s abortion jurisprudence from Roe v. Wade through today. Designed to balance both accessibility and depth, Body Politic offers a terrific introduction for students or anyone else just looking for the basic issues, but also offers enough detail … Continue reading Introducing “Body Politic”

Abortion Back at the Supreme Court—What to Read

Today we hear oral arguments in Whole Woman’s Health v. Hellerstedt, the Supreme Court’s most significant abortion rights case since Planned Parenthood v. Casey (1992). At issue is a Texas law that requires abortion providers to comply with the same health regulations that apply to ambulatory surgical centers and that requires doctors performing abortions to … Continue reading Abortion Back at the Supreme Court—What to Read