Comstock Act; mailing abortifacients. When the Supreme Court ships 19th-century preenery like this across state lines, it isn’t liable for all the people who will never be born because it spreads depression and distaste everywhere it lands. What I don’t understand is how this failed to activate John Roberts’s Minor Questions Doctrine. It’s a small harm the doctors claim, and a merely hypothetical one? It’s not a Major Question that needs to go back to Congress (per Roberts’s inventive skate around textualism & originalism & a thing called delegation), so why doesn’t Roberts love it? Is this invited blemish on the Court just too florid even for the crew that sacks precedent whenever it suits their favored philosophy? Or is it simply too much too fast & so absurd that it’ll hasten the edifice of law’s wreckage at an inconvenient time, before the Dictator stands for election?
Does the outline of a Slow Wreckage Doctrine begin to take form?