Updates | The Week of June 12, 2017
The National Women's Law Center sues the Department of Education for failing to provide information on its enforcement of sexual-harassment complaints.
Trump’s Latest Affront To Women, and to the Constitution
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.
The New Contraception Rule Is Procedurally Flawed
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.
Updates | The Week of April 10, 2017
This week, President Trump signed into law a bill that allows states to deny funding to Title X clinics. Leah Litman analyzed possible legal challenges to the bill on Take Care.
Updates | The Week of April 3, 2017
This week Leah Litman analyzed the constitutional arguments against H.J. Res. 43, the bill that would allow states to deny federal grants to women's health care programs. Leah also commented on Vice President Pence's dining policy, and its potential ramifications for reproductive justice and anti-discrimination.
H.J. Res. 43 As A Health Care Bill
The Democrats have accepted the Republicans’ framing of a bill that would be used to defund Planned Parenthood. That’s a mistake.
Updates | Week of March 20, 2017
RIchard Thompson Ford argued that President Trump's command that female employees "dress like women" is unworthy of the Presidency, while President Trump's budget blueprint may signal drastic cuts to programs under the Violence Against Women Act.
Legal Challenges To H.J. Res 43
The Republicans’ bill to arbitrarily deny grants to family planning programs could be challenged in several ways.
Deep Problems with the Proposed Executive Order on Religious Freedom
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.
A Landmark Victory for LGBT Rights (And The Path Ahead)
The en banc Seventh Circuit has held that Title VII protects against sexual orientation discrimination. SCOTUS is likely to grant review of this important issue in the near future. But it remains unclear what position the Trump Administration will take.