judex

…statutes were unconstitutional on their face, and an injunction restraining the defendant from enforcing the statutes. A three-judge District Court for the Northern District of Texas, to which the action was referred, held that the Does and Hallford had no standing to sue, but that Roe did have standing, and that the…

…for them and for society. If I were a legislator, I would certainly consider that view as a matter of social policy. But as a judge, I find the majority’s position indefensible as a matter of constitutional law. A Petitioners’ “fundamental right” claim falls into the most sensitive category of constitutional…

…of the equal protection of the laws under the Fourteenth Amendment. In each of the cases other than the Delaware case, a three-judge federal district court denied relief to the plaintiffs on the so-called "separate but equal" doctrine announced by this Court in Plessy v. Ferguson , 163 U.S. 537. Under that doctrine,…

…order to invoke review would be unseemly and could precipitate a constitutional confrontation between branches. Requiring a judge to cite a President for contempt simply to invoke appellate review would be equally problematic and could itself spark protracted litigation. For these reasons we conclude the District…