E-mail:
Jack Balkin: jackbalkin at yahoo.com
Bruce Ackerman bruce.ackerman at yale.edu
Ian Ayres ian.ayres at yale.edu
Corey Brettschneider corey_brettschneider at brown.edu
Mary Dudziak mary.l.dudziak at emory.edu
Joey Fishkin joey.fishkin at gmail.com
Heather Gerken heather.gerken at yale.edu
Abbe Gluck abbe.gluck at yale.edu
Mark Graber mgraber at law.umaryland.edu
Stephen Griffin sgriffin at tulane.edu
Jonathan Hafetz jonathan.hafetz at shu.edu
Jeremy Kessler jkessler at law.columbia.edu
Andrew Koppelman akoppelman at law.northwestern.edu
Marty Lederman msl46 at law.georgetown.edu
Sanford Levinson slevinson at law.utexas.edu
David Luban david.luban at gmail.com
Gerard Magliocca gmaglioc at iupui.edu
Jason Mazzone mazzonej at illinois.edu
Linda McClain lmcclain at bu.edu
John Mikhail mikhail at law.georgetown.edu
Frank Pasquale pasquale.frank at gmail.com
Nate Persily npersily at gmail.com
Michael Stokes Paulsen michaelstokespaulsen at gmail.com
Deborah Pearlstein dpearlst at yu.edu
Rick Pildes rick.pildes at nyu.edu
David Pozen dpozen at law.columbia.edu
Richard Primus raprimus at umich.edu
K. Sabeel Rahmansabeel.rahman at brooklaw.edu
Alice Ristroph alice.ristroph at shu.edu
Neil Siegel siegel at law.duke.edu
David Super david.super at law.georgetown.edu
Brian Tamanaha btamanaha at wulaw.wustl.edu
Nelson Tebbe nelson.tebbe at brooklaw.edu
Mark Tushnet mtushnet at law.harvard.edu
Adam Winkler winkler at ucla.edu
At the oral argument in Dobbs, Mississippi's SG was asked whether overturning Roe and Casey would similarly call into question and invite new challenges to the Court's decisions in Griswold, Lawrence, and Obergefell. The state SG's response was, in essence, that those three cases are different in that they draw clear and workable lines in a way that Roe and Casey do not. That's not a very good answer. (Indeed, many of the state SG's answers throughout the argument didn't strike me as very strong. Part of the problem was that the justices didn't give him a chance even to complete a sentence before interrupting. I kept hoping he would do what Alan Dershowitz and other advocates used to do when arguing before the Court: keep talking so as to be able to finish the answer.) Surely a better response is something like this: Many people continue to believe Roe and Casey are wrong and multiple states would like to be free to restrict abortion in ways those cases do not permit. There is, however, no evidence that any state is interested in banning contraception (Griswold), criminalizing same-sex intimacy (Lawrence), or repealing same-sex marriage (Obergefell) and there are no serious political movements seeking to achieve those ends. But so what if in the future states do ban contraception, punish gay sex, and bar same-sex marriages? Legal challenges will then be filed, lower courts will hear the cases, and this Court might eventually be called weigh in. That's how our system works. Nobody thinks that just because the Supreme Court has said something others cannot make use of the legal system to advance a different position and seek to change minds.