Supreme Court

Doctrinal Incoherence and the Harm Principle in Parental Medical Decision-Making

Doctrinal Incoherence and the Harm Principle in Parental Medical Decision-Making

Two recent Supreme Court decisions expose a fundamental instability in the constitutional framework governing parental medical decision-making for minors. In United States v. Skrmetti (2025), the Court upheld a categorical...
American Constitutional Law in the Shadows

American Constitutional Law in the Shadows

The judiciary’s role in the American constitutional scheme, as Marbury v. Madison proclaimed, is to “say what the law is.” For other branches of government and the lower courts to...
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