Hodes & Nauser, MDS, P.A. v. Schmidt

This case is not only about abortion policy -the most divisive social issue of our day-it is more elementally about the structure of our republican form of government. Which is to say, this case is about the proper conditions for just rule. At bottom, this case is about finding and drawing the sometimes elusive line between law and arbitrary exercises of power. Here we venture onto a battlefield as old as politics itself. And as we argue about the structure of government-and ultimately delineate the proper conditions for just rule-we must never forget that we are also actively engaged in…