Former US President Donald Trump credited himself with overturning the landmark reproductive rights case Roe v. Wade and accused Democrats of advocating for the killing of newborn babies before calling for national unity in an abortion position statement released Monday morning. “Many people have asked me what my position is on abortion and abortion rights, [...]
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In the Halls of Brazil's Senate: Unpacking the Legacy of the US Constitution
To date, America’s greatest contribution to the world has been its Constitution. The importance of this document far surpasses such other cultural achievements as the Moon landing, the telephone, GPS, rubber vulcanization, and Henry Ford’s mass production lines. It is more important, even, than Gone With the Wind, and the hamburger — even though this [...]
Nearly two decades ago, the Supreme Court delivered a landmark judgment in Suchita Srivastava & Anr vs Chandigarh Administration. The judgment stayed the orders of the High Court of Punjab and Haryana, which had ruled that a ‘mentally retarded woman‘ who was raped while residing in a government-run welfare institution in Chandigarh should undergo a [...]
Beyond the Declaration of Independence: Of Wisdom, Virtue, and Principles of Government
The great end of government and laws is human happiness; the rulers ought, therefore, to understand and know on what it consists; and the means of producing it. — Hon. Jesse Root, “On the Principles and End of Government” The summer of 1776 was quite productive in the annals of American intellectual and legal thought. [...]
Recent concerns about leaks of US Supreme Court decisions and Justice Clarence Thomas’s refusal to recuse himself in a case that might involve connections to his wife, Virginia Thomas, have spurred calls for a code of ethics for US Supreme Court justices. Although the Judicial Conference of the United States promulgated a Code of Conduct [...]
US dispatch: a politicized judiciary could facilitate an authoritarian turn
Marisa Wright is a US national staff correspondent for JURIST, and a 2L at Harvard Law School. Last week, a federal judge agreed with Donald Trump’s request to appoint a special master to review records seized by the FBI during its search of his estate. Judge Aileen M. Cannon also ordered the Justice Department to [...]
For nearly a century, many progressives have seen the Constitution, and especially the Supreme Court, as allies in the effort to make our political and economic life more democratic. For a long time, this trust seemed warranted. The initially reactionary New Deal Court came to embrace the power of the national government to limit corporate [...]
Perhaps the most remarkable aspect of President Biden’s speech criticizing the Supreme Court’s rejection of Roe v. Wade is that he gave the speech at all. Presidents historically have wisely refrained from commenting on Supreme Court decisions. Biden’s delivery of the speech on the very same morning that the Court delivered its opinion in Dobbs [...]
The Supreme Court will overturn the law recognizing a woman’s fundamental right to choose an abortion. The only question is whether it will go even further and jeopardize women’s equality, reproductive rights, and family privacy rights for all. Pending in the Court is Dobbs v. Jackson Women’s Health Organization and the question of the constitutionality [...]
India dispatches: CJI calls for 50 percent representation of women in Indian judiciary
India Chief Correspondent Neelabh Bist reports for JURIST from New Delhi on recent remarks by Chief Justice of India NV Ramana highlighting the dramatic disparity in the current gender balance of the Indian judiciary and calling for equal representation of men and women. The Chief Justice of India, Justice NV Ramana, displayed his disappointment Tuesday [...]