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Current Legal Topics

Politics Influencing the SCOTUS?

On Monday October 24, 2022 conservative U.S. Supreme Court Justice Clarence Thomas, acting alone, stayed an order by the 11th Circuit Court of Appeals, temporarily blocking the testimony of U.S. Senator Lindsey Graham, sought by a grand jury in Georgia investigating efforts by Donald Trump and his supporters to overturn the results of the 2020 presidential election … Read full article.

Abortion; Roe v. Wade

How can a Fundamental Constitutional Right be Taken Away?

The U.S. Supreme Court is made up of nine justices, each of whom was appointed by a president, and whose appointment was confirmed by the Senate. In each case accepted for review by the Court, the justices vote for the competing point of view they prefer, which is expressed as an opinion written by one of them. The opinion getting the most votes is called the majority opinion; the losing one is called the dissenting opinion. The Dobbs vote was 5 to 4, meaning that Roe was overturned, and a fundamental right was taken away, by a single vote. Full article: Are More Individual Rights at Risk After SCOTUS Overturns Roe with Dobbs?

Substantive Due Process Protects Fundamental Rights

May 11, 2022

To understand the abortion debate stemming from the U.S. Supreme Court’s 1973 Roe v. Wade decision, one must understand substantive due process which allows courts to protect certain fundamental rights from government interference, even when a specific protection is not directly mentioned in the US Constitution. In Roe v. Wade and subsequent decisions on abortion, the Court recognized a constitutionally based liberty, limiting the reach of laws that would otherwise interfere with a person’s right to make their own decisions – in this debate, a woman’s right to choose.

For a better understanding of substantive due process, its application to fundamental rights oft taken for granted and, given the current composition of the U.S. Supreme Court, how those rights can be taken away, see Legal.com’s article: Substantive Due Process.

Ukraine War

Curious about international law as it pertains to Russia’s invasion of Ukraine? Use Legal.com’s free online legal research tool to learn more from reputable sources including the United Nations, Brookings Institute, Council on Foreign Relations, Amnesty International and more. Here’s a simple search phrase to get started: international law war

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