Conjunction Disjunction in the Dobbs Draft -

In 2019, I published an article on Timbs v. Indiana with my itinerant co-author, Ilya Shapiro. We contended that Justice Ginsburg modified the Glucksberg test, as it was stated by Justice Alito in McDonald v. Chicago.

Justice Ginsburg wrote the majority opinion in Timbs, joined in full by Chief Justice Roberts and Justices Breyer, Alito, Sotomayor, Kagan, Gorsuch, and Kavanaugh.144 This octet relied on the substantive due process framework employed in McDonald—sort of. Justice Ginsburg cited...

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