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Asked and Answered: A Listener Mailbag Episode!

Strict Scrutiny

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The Unconstitutionality of Trigger Laws

Dobbs is a clever goblin move to avoid the whole question of interstate travel, while also creating some chaos. We have seen some instances of some courts saying maybe some of these trigger laws violate provisions in state constitutions. But it's not clear that there's anything about the US Supreme Court's decision in Dobbs that suggests that it is unconstitutional under the federal constitution for a state to begin enforcing laws that haven't been enforced because of decisions like Roe, Casey and Griswold.

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