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Fifty States, Fifty Attorneys General, and Fifty Approaches to the Duty To Defend

Whether a state attorney general has a duty to defend the validity of state law is a complicated question, one that cannot be decided by reference either to the oath state officers must take to support the federal Constitution or the supremacy of federal law. In…

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How Planned Parenthood v. Casey (Pretty Much) Settled the Abortion Wars

118 Yale L.J. 1318 (2009). 

More than twenty-one years after Robert Bork’s failed Supreme Court nomination and seventeen years after Planned Parenthood of Southeastern Pennsylvania v. Casey, the rhetoric of abortion politics remains unchanged. Pro-choice interests, for example, argue that states ar…