WHEN CONSERVATIVE legal provocateur Jonathan Mitchell published his 2018 law review article laying the groundwork for Texas to ban most abortions, some of the ideas he outlined were so far-fetched that they read more like thought experiments than legitimate legal theories. One was that state legislatures could give private individuals, rather than government agencies, the right to enforce abortion restrictions and other controversial statutes—a “bounty hunter” mechanism he claimed could make laws like these all but impossible to challenge through the usual legal processes.
Another of Mitchell’s theories was even more radical: that courts don’t have the power to strike down old laws they think are unconstitutional—for example, Texas statutes enacted from the 1850s that made it a crime to help “procure” an abortion or furnish “the means” for it. Judges can only stop such laws from being enforced, he claimed. Unless legislators actually repeal them, America’s old laws never really die; they linger in a kind of limbo, automatically springing back to life if a future court issues a new, contrary ruling. They can even be enforced retroactively, he argued.
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Food + Health / Global Warning - Why Project 2025 is an environmental catastrophe in the making
When President Joe Biden took office, Democrats held a slim majority in the House of Representatives and a single-vote edge in the Senate. Despite the monumental odds, he has presided over the most productive presidential term for climate action in American history. Under Biden’s direction, the federal government took up the arduous task of incorporating climate considerations into scores of administrative operations and procedures. The epa cracked down on superpollutants and issued stricter emissions regulations for passenger vehicles. The Inflation Reduction Act, the biggest climate spending bill Congress has ever passed, brings the nation closer to its goal of slashing carbon emissions in half by 2030.
Trumpnesia - To get a second chance, Trump needs voters to forget his disastrous presidency.
One of the most oft-quoted sentences ever penned by a philosopher is George Santayana’s observation that “those who cannot remember the past are condemned to repeat it.” In 2024, this aphorism is practically a campaign slogan. Donald Trump, seeking to become the first former president since Grover Cleveland to return to the White House after being voted out of the job, has waged war on remembrance. In fact, he’s depending on tens of millions of voters forgetting the recent past. This election is an experiment in how powerful a memory hole can be.
WHEN IN DROUGHT
This obscure yet adaptable grain could be a healthy staple for a warming planet.
BAD HABITS
A spate of recent horror movies recycle tired tropes about nuns-and reveal society's ongoing discomfort with independent women.
Taking the Fifth For a glimpse of the Supreme Court after a second Trump term, look at the radical circuit court that's already driving America to the right.
Imagine obamacare is dead and millions of Americans have lost health coverage.
THE ARCHITECT
TRUMP WANTS TO BE KING. RUSS VOUGHT HAS A PLAN TO MAKE IT HAPPEN.
Losing Faith
As an evangelical leader, I enticed lawmakers and federal judges to adopt a conservative Christian agenda. Donald Trump’s rise proved how wrong I was.
GOD'S COUNTRY
These Christian nationalists have a plan to take over Americafrom small towns to the highest court in the land.
IN THE NAME OF THE MOTHER
How Shyamala Gopalan Harris raised a presidential contender
KILL THE MESSENGER
The anti-disinformation field is retreating under attack.
