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.

Relitigating Whole Woman's Health v. Hellerstedt

2/12/18  //  Commentary

A recently filed amicus brief highlights how one court has departed from Whole Woman's Health and other cases.

Leah Litman

U.C. Irvine School of Law

Updates | The Week of January 22, 2018

1/28/18  //  Daily Update

A year after President Trump's reinstatement of the global gag rule, banning U.S. funding to foreign organizations that promote or provide abortion, advocacy groups report significant harms to health services. HHS's new religious freedom division constitutes a new attack on women's health, wrote Jamille Fields at The Hill.

Updates | The Week of January 15, 2018

1/14/18  //  Daily Update

Texas argues in court that undocumented women seeking abortions have no substantive due process rights. The Trump Administration maintains its blanket policy and prevents another undocumented minor from getting an abortion.

Zachary Piaker

Columbia Law School

Texas’s More Honest Take On Garza v. Hargan

1/11/18  //  In-Depth Analysis

Everything is bigger in Texas, including the outlandish arguments made to prevent undocumented young women from obtaining abortions.

Leah Litman

U.C. Irvine School of Law

Versus Trump: 2017 Scorecard

1/4/18  //  Uncategorized

On the first episode of Versus Trump of 2018, Jason and Charlie look back at Versus Trump cases in 2017 and score them as Administration wins, losses, or not-yet-decided. They also look ahead at big issues to come in 2018. Listen now!

Charlie Gerstein

Civil Rights Corps

Jason Harrow

Equal Citizens

Updates | The Week of December 18, 2017

12/24/17  //  Daily Update

Another federal judge blocked a Trump Administration executive order that would allow employers with religious objections to refuse employee's contraceptive coverage as a part of healthcare plans. A federal district court in Michigan has upheld a right to display signs depicting aborted fetuses.

Enjoining the Contraception Rules

12/18/17  //  Commentary

A district court has stopped the Trump administration's hasty and poorly justified effort to relieve employers of their legal obligation to cover contraception.

Nick Bagley

University of Michigan Law School

Update | The Week of November 27, 2017

12/4/17  //  Daily Update

The Office of Refugee Resettlement attempted to prevent migrant teens from securing abortions.

Jeffrey Stein

Columbia Law School

Versus Trump: Borderline Searches + Response To First Mondays

11/16/17  //  Commentary

On this week’s episode of Versus Trump, Jason and Charlie discuss a new lawsuit that forces courts to answer the question of whether the federal government needs a warrant to search people's electronic devices at the U.S. border, and they also respond to a discussion on the Supreme Court podcast First Mondays regarding the government's recent filing in the Hargan v. Garza abortion case. Listen now!

Charlie Gerstein

Civil Rights Corps

Jason Harrow

Equal Citizens

Versus Trump: Updates, Y'all!

11/9/17  //  Commentary

You want updates, so we've got updates! On this week’s episode of Versus Trump, Jason and Easha revisit several important cases and news items that we've previously mentioned so that you have the latest information on them. Listen now!

Jason Harrow

Equal Citizens

Easha Anand

San Francisco

Updates | The Week of October 30, 2017

11/5/17  //  Daily Update

Notre Dame University ended contraception coverage for students and staff after the Trump administration rolled back the contraception coverage mandate under the Affordable Care Act.

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.

The Trump DOJ's Puzzlingly Blasé View About Abortion Timing

10/30/17  //  Commentary

DOJ's position was about opposition to abortion, full stop. This explains it's baffling indifference to delaying to the moral implications of delaying a second-trimester abortion by eleven days.

Michael C. Dorf

Cornell Law School

Hargan v. Garza And The (Near) Future Of Abortion Access

11/16/17  //  Commentary

Hargan v. Garza is but one instance in a broader attack on abortion access.

Leah Litman

U.C. Irvine School of Law

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

Versus Trump Emergency Pod: JD v. DHS

10/26/17  //  Commentary

On this week’s episode of Versus Trump, Easha and Charlie have a quick turn-around emergency pod to discuss an ongoing—wait, just now resolved—case filed by a pregnant 17-year-old girl in federal immigration custody who seeks an abortion. Easha and Charlie first talk about the procedural wrangling that this case has wrought and second about the legal claims in the case, which bring them into the exciting worlds of reproductive rights, immigration law, and international relations. Listen now!

Charlie Gerstein

Civil Rights Corps

Easha Anand

San Francisco

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

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

Hargan v. Garza As The Trump Administration's Vision For DOJ

11/13/17  //  Commentary

DOJ's conduct in Hargan v. Garza is the clearest example of how this administration wants to use DOJ for political purposes.

Leah Litman

U.C. Irvine School of Law

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

Yale Law School

Reva Siegel

Yale Law School

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

Kaplan & Company

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

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 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

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 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 March 20, 2017

3/26/17  //  Daily Update

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

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 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 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 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 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

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.