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Border Checkpoints and Substantive Due Process: Abortion Rights in the Border Zone | Yale Law Journal

through the checkpoints, risk death by attempting to circumvent them, or successfully obtain lawful presence in the country before the point at which

Secrecy, Intimacy, and Workable Rules: Justice Sotomayor Stakes Out the Middle Ground in i United States v. Jones /i | Yale Law Journal

test’s circularity and the Court’s ultimately unsuccessful attempt to avoid it, see Rubenfeld, supra note 2, at 106-09. California v. Greenwood, 486 U.S

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supra note 1, at 289 (“Loving v. Virginia . . . shifted legal attention away from the evil of institutionalized humiliation.”); id. at 291 (“I do

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Congress was at least as concerned with the economic causes of this phenomenon. Ultimately, attention to both economic causes and economic effects may

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“less attractive” securities from the 34. Id. at 727. 35. Id. at 728. 36. See Dr. Miles Med. Co. v. John D. Park & Sons Co., 220 U.S. 373

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analysis. It should be noted at the outset, however, that I pay scant critical attention to the details of the new paradigm. That task is best left to

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come to share the Court’s concerns.6 As Richard Pildes aptly put it, “the quiet era of the VRA now appears at an end.”7 Electoral competition has

Microsoft Word - Scott-Railton.docx

and determine refugee policy. It also brought public attention to the violence in Central America, highlighting the United States’ complicity at

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courts should wholly embrace the framework of constitutional duties—at least if the coherence of this doctrinal regime is worth attaining. If they were

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attend to their combined impact on 7. See infra Section I.C. 8. Indeed, as discussed infra at Section II.B, this separation of powers has remained