A funny thing happened on the way to last November’s elections. Pundits who throughout the summer had billed the elections as the first post-Webster “referendum on abortion” increasingly argued, as fall rolled around, that abortion had “faded” as a decisive issue for voters. Some of this . . . . Continue Reading »
No one should be surprised that decisions of great constitutional moment are sometimes occasioned by cases that seem trivial or exotic. Those who are threatened by the majority sentiment of the moment appeal to the Constitution, although not always successfully. There was, for instance, the 1879 . . . . Continue Reading »