There were two recent major changes in constitutional law—based on Kennedy (2022) “abandoning” the Lemon test and based on Dobbs (2022) revising abortion’s status as a fundamental right.
First, note that the NCBE drafts and pre-tests questions years in advance. See these NCBE statements about the MBE and the MEE. These statements are in turn linked in this NCBE statement about the 2022 SCOTUS decisions and the bar exam.
Probably a similar story for essays in various jurisdictions, though each state may do it differently.
This means that you might see questions in these areas and get credit for currently correct answers, or they might replace the questions with backups or something. Who knows.
I think it’s unlikely you’ll encounter questions in these areas. But you can control how to respond if you do see these issues.
Continue reading “Constitutional Law Updates for 2023 and Beyond: What Are Kennedy and Dobbs and What to Do About Them?”