Ross Barkan writes: The mass shooting in Texas that killed at least 19 schoolchildren and two adults on Thursday came on the heels of the horrific, racist slaughter in Buffalo, New York. “When in God’s name are we going to stand up to the gun lobby?” Joe Biden asked in a national address, sounding more like a beleaguered Democratic voter than the president of the United States. “Why are we willing to live with this carnage? Why do we keep…
By Ken Armstrong, ProPublica When U.S. Supreme Court Justice Samuel Alito, in a draft opinion obtained and published this week by Politico, detailed his justifications for overturning Roe v. Wade, he invoked a surprising name given the case’s subject. In writing about abortion, a matter inextricably tied to a woman’s control over her body, Alito chose to quote from Sir Matthew Hale, a 17th-century English jurist whose writings and reasonings have caused enduring damage to women for hundreds of years….
Michelle Goldberg writes: In his draft opinion overturning Roe v. Wade, Justice Samuel Alito blamed that 1973 abortion decision for sparking “a national controversy that has embittered our political culture for a half century.” He quoted Justice Antonin Scalia: “Roe fanned into life an issue that has inflamed our national politics in general, and has obscured with its smoke the selection of justices to this court in particular, ever since.” As a matter of history, the idea that Roe ignited…
The Wall Street Journal reports: Last year when Facebook blocked news in Australia in response to potential legislation making platforms pay publishers for content, it also took down the pages of Australian hospitals, emergency services and charities. It publicly called the resulting chaos “inadvertent.” Internally, the pre-emptive strike was hailed as a strategic masterstroke. Facebook documents and testimony filed to U.S. and Australian authorities by whistleblowers allege that the social-media giant deliberately created an overly broad and sloppy process to…
Rachel Rebouché, Greer Donley, and David S. Cohen write: If the Supreme Court overturns Roe v. Wade, as a draft opinion suggests it will do, the impact on American law will have repercussions beyond Washington or the states set to ban most abortions. Some conservatives see the Roe opinion as a simple matter of returning the abortion issue to the states, and Justice Samuel Alito’s draft suggests he sees it the same way: “The Constitution does not prohibit the citizens…
Jill Lepore writes: Within a matter of months, women in about half of the United States may be breaking the law if they decide to end a pregnancy. This will be, in large part, because Supreme Court Justice Samuel Alito is surprised that there is so little written about abortion in a four-thousand-word document crafted by fifty-five men in 1787. As it happens, there is also nothing at all in that document, which sets out fundamental law, about pregnancy, uteruses,…
Norman Eisen and Colby Galliher write: For all the seeming chaos of his administration, Donald Trump actually had a philosophy of governance, one grounded in assaulting the rule of law, ethics, and truth itself: Trumpery. In a new book, we warn that with Trump out of office, the greatest danger posed by Trumpery is that others will adopt it. Now that has apparently happened at the Supreme Court, as reflected in Justice Samuel Alito’s draft opinion overruling Roe v. Wade….
Jack Shafer writes: Although the justices are political appointees, the court pretends to rise above politics. It conducts its work under a veil and depends on the press to fetishize the mysteries of the temple. It derives its authority not from the people but from the cosmos, the court’s deifiers would have you believe. Hence the robes that rival Batman’s cape, the court’s ban on cameras and the grand edifice from which it hands down its rulings. But this exalted…
Inside Climate News reports: The highest court in one of India’s 28 states ruled last month that “Mother Nature” has the same legal status as a human being, which includes “all corresponding rights, duties and liabilities of a living person.” The decision from Madras High Court, located in the southeastern state of Tamil Nadu, also said that the natural environment is part of the human right to life, and that humans have an environmental duty to future generations. “The past…
Mary Ziegler writes: Something fundamental about the Supreme Court has changed in recent months. It is not simply that the Court has a conservative supermajority, although that is true enough. What is really striking is just how emboldened that conservative supermajority is—how willing to take on a number of deeply divisive culture-war issues; how blasé about making major decisions via the Court’s shadow docket; how open to making rapid, profound changes to long-standing precedent. Last night, when Politico released a…
Dahlia Lithwick writes: If the Supreme Court indeed strikes down Roe v. Wade and Planned Parenthood v. Casey this June, as the draft opinion leaked to and published by Politico tonight suggests it will, years of conventional wisdom about the court and its concerns for its own legitimacy will be proved wrong. Every single court watcher who spoke in terms of baby steps, incrementalism, or “chipping away” at one of the most vitally important precedents in modern history will have…
The Associated Press reports: Rioters who smashed their way into the U.S. Capitol on Jan. 6, 2021, succeeded — at least temporarily — in delaying the certification of Joe Biden’s election to the White House. Hours before, Rep. Jim Jordan had been trying to achieve the same thing. Texting with then-White House chief of staff Mark Meadows, a close ally and friend, at nearly midnight on Jan. 5, Jordan offered a legal rationale for what President Donald Trump was publicly…
The Wall Street Journal reports: The Federal Bureau of Investigation performed potentially millions of searches of American electronic data last year without a warrant, U.S. intelligence officials said Friday, a revelation likely to stoke longstanding concerns in Congress about government surveillance and privacy. An annual report published Friday by the Office of the Director of National Intelligence disclosed that the FBI conducted as many as 3.4 million searches of U.S. data that had been previously collected by the National Security…
Evan Wallach writes: The Russian armed forces and their commanders know they are committing war crimes in Ukraine. It says so in the 2001 “Manual on International Humanitarian Law for the Armed Forces of the Russian Federation.” In my 2017 book, “The Law of War in the 21st Century,” I thought it might be useful for readers and researchers to have examples of non-NATO views of the law of armed conflict, so in an appendix I included law of war…
Michael Oswald’s film The Spider’s Web reveals how at the demise of empire, City of London financial interests created a web of secrecy jurisdictions that captured wealth from across the globe and hid it in a web of offshore islands. Today, up to half of global offshore wealth is hidden in British jurisdictions and Britain and its dependencies are the largest global players in the world of international finance.
The New York Times reports: A New York judge on Monday held Donald J. Trump in contempt of court for failing to turn over documents to the state’s attorney general, an extraordinary rebuke of the former president. The judge, Arthur F. Engoron, ordered Mr. Trump to comply with a subpoena seeking records and assessed a fine of $10,000 per day until he satisfied the court’s requirements. In essence, the judge concluded that Mr. Trump had failed to cooperate with the…