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Roe Redux: Is The Viability Test Still Viable as a Constitutional Doctrine?

JonathanTurley

Despite annual columns questioning such apocalyptic predictions, which often seemed more political than legal, the granting of Dobbs led me to write my first “this could be it” column. The court ruled 5-4 to allow the Texas law to be enforced. For years, many analysts overhyped cases as possible death knells for Roe v.

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August 2021 Updates to the Climate Case Charts

ClimateChange-ClimateLaw

Washington Supreme Court Said Climate Activist Was Entitled to Present Necessity Defense Based on Evidence that Legal Alternatives Were Not “Truly Reasonable”. The court also noted that states and localities “expressly maintain control over the local distribution of natural gas under related federal statutes” such as the Natural Gas Act.

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We read all the amicus briefs in Dobbs so you don’t have to

SCOTUSBlog

For instance, the National Right to Life Committee and the Louisiana Right to Life Federation argue that the court should reject the “categorical viability line” and replace it with a new “roadmap” under which courts would consider all state interests when analyzing the constitutionality of prohibitions on pre-viability elective abortions.

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Biden’s Bad Run: Is The Biden Administration Doing Worse Than The Trump Administration In The Courts?

JonathanTurley

Yet, many previously outspoken legal experts have either blamed conservative judges or simply ignored the losses all together. In Louisiana, a federal court enjoined the administration from carrying out its halting of gas and oil leases, finding that Biden’s unilateral action violated the separation of powers under the Constitution.

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