The Yale Law Journal

Aaron Tang

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Lessons from Lawrence: How “History” Gave Us Dobbs—And How History Can Help Overrule It

Aaron Tang

Twenty years ago, in Lawrence v. Texas, the Supreme Court overruled Bowers v. Hardwick by correcting Bowers’s mistaken historical assertions. History, as they say, repeats itself: When a future Court reconsiders Dobbs v. Jackson Women’s Health Organization, it will find an opinion whose historical e…

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Who’s Afraid of Carson v. Makin?

Aaron Tang

Carson v. Makin was yet another defeat for progressives in a brutal term. But just how bad was it? This Essay examines how Democratic lawmakers in Maine have already neutralized the ruling, teaching important lessons about how concerned Americans can best resist the Court’s conservative supermajorit…