There have long been debates about the nature, scope, and legitimacy of the political question doctrine, the modern version of which originates with the Supreme Court’s 1962 decision in Baker v. Carr. Despite the differing views, the scholarly commentary has one thing in common: It is focused almost entirely on the Supreme Court. In the…
For many Americans, Dobbs v. Jackson Women’s Health Organization signaled the end of things once thought secure: the constitutional right to reproductive autonomy, a vision of women as equal citizens, and the belief that the Supreme Court could rise above politics to protect cherished liberties. To many anti-abortion groups, however, Dobbs was just the beginning.…
The United States criminalizes money laundering in part through 18 U.S.C. § 1957, which prohibits transactions of over $10,000 that are knowingly made using proceeds derived from specified illegal activities. The statutory requirement that transactions be more than $10,000 raises a complicated issue for courts. In many cases, potential launderers mix or “commingle” both legal…
Long before the abortion right fell, many people lacked meaningful access to reproductive care. Now, state high courts have an opportunity to revisit their constitutional guarantees with vigor and creativity. Instead of mirroring the Supreme Court’s pre-Dobbs conception of the abortion right, these courts can identify a new abortion right—one based on express guarantees of…
