Thanks to Lawrence Solum for naming my latest with Dov Fox download of the week. It's forthcoming in Southern California Law Review, and on SSRN with fresh archival material. Comments welcome!

Six-week bans like Florida's have a distinctive history that may give us some insight into what comes next. I wrote about this for Slate:
slate.com/news-and-polit…

My latest for State Court Report and the Brennan Center on the many state rulings we've seen lately--all of it underscores the importance of state courts and judicial races moving forward.

The argument that Trump would let states do their own thing--barring enforcing the Comstock Act as a national ban--reads differently when framed as letting red states monitor pregnancies and prosecute offenders--an ill-defined category that Trump suggests is broader than doctors.

I am expecting the announcement on Comstock and abortion pills after the election...

We've been waiting on a statement about Comstock and/or abortion pills for more than two weeks...

Kavanaugh interested in q of whether ID's law permits abortion in all the cases the U.S. flags--and somewhat interested in what is happening on the ground versus what Idaho claims should be the case.

Prelogar pushing back on the idea that Alito's reading of 'unborn child' by suggesting that it would allow states to treat pregnant patients as non-persons.

Gorsuch seemed personhood curious too. Interesting to see if anyone else picks up on this.

Alito is picking up on ADF/Idaho's claim that Congress could not have intended to permit emergency access to abortion bc the statute viewed the 'unborn child' as a patient deserving stabilizing treatment too.

Alito here mentioning the 'unborn child' language and forgetting Gorsuch asked a related question earlier

Now we have at least three conservative justices, with Gorsuch, raising this spending power concern.

Alito and Thomas--and maybe Justice Kavanaugh--seem very concerned about this mental health claim.

Great example of how/why people in the pro-life movement have been skeptical of health exceptions since 1973. Seeing health--and mental health--as an opening to elective abortion.

This spending power question is something both Alito and Thomas have invested in.

One fascinating dimension of this is how much the attorneys have focused on the reality in Idaho right now: this feels very much also like a fight abt whether post-Dobbs bans are reasonable and operating smoothly or have put doctors & patients in an impossible situation

He's going to great lengths to make it sound as if there is no conflict w/ ID's life exception. That seems hard to credit. ID chose an exception narrower than the ones on the books in places like TX,& it wasn't an accident