Reproductive Freedom

By seeking to defund Planned Parenthood, imposing sharp limits on foreign aid to groups that provide abortion counseling, and revising key parts of the Affordable Care Act, the Trump Administration has besieged reproductive rights.

A Case To Watch: Garza v. Hargan

10/19/17  //  Quick Reactions

One facet of the government's position in Garza v. Hargan got a laugh at the Supreme Court when the government raised it in another case.

Leah Litman

U.C. Irvine School of Law

President Trump’s 'Pro-Life' Week

10/9/17  //  Commentary

There are many ways to protect life, yet we often speak as if restricting abortion is the only way to do so

Rachel Tuchman

Private Practice

Updates | The Week of October 2, 2017

10/8/17  //  Daily Update

The administration voiced its support for a ban on abortions after twenty weeks. The ACLU is suing the FDA over restrictions on medication used for abortions.

Updates | The Week of August 14, 2017

8/20/17  //  Daily Update

New regulations may allow even private businesses to opt out of contraception coverage.

Updates | The Week of July 10, 2017

7/16/17  //  Daily Update

The most recent version of the Republican healthcare bill, like its predecessors, threatens to "defund" Planned Parenthood.

Updates | The Week of June 12, 2017

6/18/17  //  Daily Update

Jessica Mason Pieklo of Rewire argues that the Administration's actions have not ended litigation challenging the ACA's birth control benefit.

Updates | The Week of June 5, 2017

6/11/17  //  Daily Update

There was much analysis of the Administration's proposed rule on contraceptive coverage after the full document was made public.

Updates | The Week of May 29, 2017

6/4/17  //  Daily Update

The Trump administration proposed a rule that would undermine the Affordable Care Act’s birth control benefit. Meanwhile, an advocate argued against framing abortion as an economic issue.

Helen Klein Murillo

Harvard Law School '17

Trump and Pence Invoke Conscience to Block Contraception, Contrary to Our Religious Liberty Tradition

6/4/17  //  In-Depth Analysis

Regulatory changes that the Trump-Pence Administration reportedly plans to implement extend well beyond our religious liberty traditions (and beyond accommodations authorized by the Supreme Court)

Douglas NeJaime

UCLA Law School

Reva Siegel

Yale Law School

Trump’s Latest Affront To Women, and to the Constitution

6/2/17  //  In-Depth Analysis

A draft of the Trump Administration's revised contraception mandate has been leaked. If implemented, this policy would weaken civil rights for women. Moreover, the plan could violate the Establishment Clause by providing a religious accommodation for some private citizens only by shifting costs to others who may not share their beliefs.

Nelson Tebbe

Brooklyn Law School

Micah Schwartzman

University of Virginia School of Law

Richard C. Schragger

UVA School of Law

The New Contraception Rule Is Procedurally Flawed

6/1/17  //  Commentary

The Trump Department of Health and Human Services has proposed a massive expansion of the program that provides employers and exemption from providing their employees with contraceptive coverage. But they have not sought notice-and-comment on the rule, and that could be a major problem.

Nick Bagley

University of Michigan Law School

Mike Pence on Women, Sex, And Reproductive Health Services

4/4/17  //  Commentary

The Vice President’s policy against dining with women reveals some problems with his recent vote to allow states to deny funding to organizations that are devoted to reproductive justice and reproductive health.

Leah Litman

U.C. Irvine School of Law

Legal Challenges To H.J. Res 43

4/6/17  //  Quick Reactions

The Republicans’ bill to arbitrarily deny grants to family planning programs could be challenged in several ways.

Leah Litman

U.C. Irvine School of Law

Deep Problems with the Proposed Executive Order on Religious Freedom

5/3/17  //  In-Depth Analysis

It's rumored that tomorrow, Trump will issue an executive order on "religious freedom," singling out for protection only traditional and conservative religious views on sex, marriage, sexual orientation, gender identity, and pregnancy. That order will most certainly raise grave constitutional issues under the Establishment Clause.

Ira C. Lupu

George Washington University Law School

Robert W. Tuttle

George Washington University Law School

H.J. Res. 43 As A Health Care Bill

4/5/17  //  Commentary

The Democrats have accepted the Republicans’ framing of a bill that would be used to defund Planned Parenthood. That’s a mistake.

Leah Litman

U.C. Irvine School of Law

The Story Thus Far: Reproductive Rights

3/16/17  //  Daily Update

The Trump Administration has already taken extraordinary steps to undermine reproductive rights. Here are some useful analyses of the story thus far.

Updates | The Week of May 8, 2017

5/14/17  //  Daily Update

President Trump's appointments and judicial nominations could be an attack on reproductive rights.

Updates | The Week of March 27, 2017

4/2/17  //  Daily Update

Vice President Pence cast a tie-breaking vote in the Senate on Thursday removing a procedural obstacle to repealing Obama-era Title X family planning funding. A proposed executive order aimed at religious liberty has profound constitutional infirmities.

Updates | The Week of March 20, 2017

3/26/17  //  Daily Update

President Trump's "alternative facts" spread to the abortion debate.

Updates | The Week of April 17, 2017

4/23/17  //  Daily Update

The recent law allowing states to pull funding from organizations such as Planned Parenthood will particularly hurt undocumented women. And the march for science represents a march for reproductive justice against unscientific TRAP laws and crisis pregnancy centers.

Updates | The Week of April 3, 2017

4/9/17  //  Daily Update

This week on Take Care, Leah Litman offered analysis of H.J. Res. 43, the bill that would allow states to deny federal grants to women's health care programs. Other commentators looked to the future of reproductive freedom under the Trump administration.

Updates | The Week of April 10, 2017

4/16/17  //  Daily Update

This week, President Trump signed into law a bill that allows states to deny funding to Title X clinics. Leah Litman offered analysis of possible legal challenges to the bill on Take Care.