Women’s Rights

As Hillary Clinton famously declared, “Women’s rights are human rights.”

Reinvigorating Defensive Crouch Liberal Constitutionalism Part 2: Will Clarence Thomas Save Abortion Rights?

7/19/18  //  Commentary

Would Justice Thomas really strike down federal legislation restricting abortion? We may soon find out.

Michael C. Dorf

Cornell Law School

Elusive Silver Linings & The Deregulatory First Amendment

7/9/18  //  Commentary

Sometimes the oncoming storm is easier to spot than the silver linings.

Stare Decisis, The Supreme Court, And Roe

7/9/18  //  Commentary

Some further evidence that a mere belief in stare decisis and judicial precedent does not mean a judge will not overrule cases, as Susan Collins has (falsely) suggested.

Leah Litman

U.C. Irvine School of Law

Getting To No On Roe

7/5/18  //  In-Depth Analysis

The question is not whether the reconstituted Supreme Court will overturn Roe v. Wade. The only question is how the Supreme Court will do so.

Leah Litman

U.C. Irvine School of Law

Senator Collins's Shell Game On Roe v. Wade

7/3/18  //  Quick Reactions

Susan Collins claimed that there is no reason to worry about Justice Kennedy's replacement because the Chief Justice (!!!) and Justice Gorsuch (¯\_(ツ)_/¯) would never overturn Roe v. Wade. That's wrong.

Leah Litman

U.C. Irvine School of Law

Forced Separation Of Families & Forced To-Term Pregnancies

6/7/18  //  Commentary

The administration’s policy of forcibly separating children from their parents highlights some of the shortcomings with the legal justifications for the administration’s position in Azar v. Garza, the case in which the administration is refusing to allow undocumented women in its custody to obtain abortions.

Leah Litman

U.C. Irvine School of Law

Updates | The Week of January 22, 2018

1/28/18  //  Daily Update

Advocacy groups sued the Department of Education over its sexual assault guidance. HHS's new religious freedom division constitutes a new attack on women's health, wrote Jamille Fields at The Hill.

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.

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

Civil rights groups are preparing to challenge the administration's decision to halt the equal pay rule.

Updates | The Week of August 21, 2017

8/24/17  //  Daily Update

Commentators argued that Education Secretary Betsy DeVos’s campaign to roll back Title IX reforms is built on a campaign of misinformation.

Updates | The Week of June 12, 2017

6/18/17  //  Daily Update

The National Women's Law Center sues the Department of Education for failing to provide information on its enforcement of sexual-harassment complaints.

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

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

Women Should Decide When and How to “Dress Like a Woman”

3/17/17  //  Commentary

The President should set a better example for other employers and leave the question of how to dress like a woman—with all of the trade-offs and nuances it entails—to the people who actually have to do it.

Richard Thompson Ford

Stanford Law School

#MeToo Series: When Will #MeToo Become #WeToo?

4/9/18  //  Commentary

This post, which addresses collective responsibility for #MeToo, is part of a series on #MeToo, sex discrimination, and possible solutions that amount to more than quick fixes.

Leah Litman

U.C. Irvine School of Law

#MeToo & Legal-Institutional Reform (Part III-Melanie Kohler)

4/5/18  //  Commentary

This post, which addresses retaliatory lawsuits against accusers, is part of a series on #MeToo, sex discrimination, and possible solutions that are more than quick fixes.

Leah Litman

U.C. Irvine School of Law

The Department of Education’s Troubling Opacity on Sexual Harassment

6/28/17  //  In-Depth Analysis

Alexandra Brodsky on how the Department of Education has retreated from civil rights enforcement and hid behind unlawful opacity.

Take Care

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: 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

#MeToo: Gender Parity (or lack thereof)

3/29/18  //  Quick Reactions

In a recent article, I reflect on what I wish I would have known in law school related to #MeToo.

Leah Litman

U.C. Irvine School of Law

Versus Trump: The Contraception Mandate Challenges

10/12/17  //  Commentary

On this week’s episode of Versus Trump, Easha and Jason discuss the Administration's drastic expansion of the number of companies that may now offer health insurance that does not cover birth control, as well as several lawsuits that were immediately filed challenging these new regulations. Listen now!

Easha Anand

San Francisco

Jason Harrow

Equal Citizens

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

#MeToo Paper Spotlight (Part II)

4/23/18  //  Commentary

This post, which highlights an academic paper related to #MeToo, is part of a series on #MeToo, sex discrimination, and possible solutions that amount to more than quick fixes.

Leah Litman

U.C. Irvine School of Law

Trump’s Male-Dominated Appointments Close the Door for Women

2/5/18  //  Commentary

President Trump's selection of primarily male nominees for a variety of positions will have consequences for the profession in the long run.

Leah Litman

U.C. Irvine School of Law

Helen Marie Berg

Michigan 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

Munger Tolles Proves Why We Still Need #MeToo

3/25/18  //  Quick Reactions

The news that a major law firm is requiring its summer associates to sign agreements to confidentially arbitrate sexual harassment claims underscores why we still need #MeToo.

Leah Litman

U.C. Irvine School of Law

#MeToo And The Supreme Court

3/28/18  //  Commentary

This post, which considers the current Supreme Court term through the lens of #MeToo, is part of a series on #MeToo, sex discrimination, and possible solutions that are more than quick fixes.

Leah Litman

U.C. Irvine School of Law

The Pence Policy And The Trump Administration’s Views on Anti-Discrimination

4/3/17  //  Commentary

Vice President Mike Pence’s policy of not dining with women is unconstitutional. It also suggests how far this administration will go to cut back on anti-discrimination law.

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

#MeToo & Legal-Institutional Reform (Part I-Stormy Daniels)

3/26/18  //  Commentary

This post, which addresses non-disclosure agreements, is part of a series on #MeToo, sex discrimination, and possible solutions that are more than quick fixes.

Leah Litman

U.C. Irvine School of Law

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

The Cert Denial in Planned Parenthood v. Jegley

5/30/18  //  Quick Reactions

The Supreme Court's denial of cert in Planned Parenthood v. Jegley raises some concerns.

Leah Litman

U.C. Irvine School of Law

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

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

#MeToo: More Advocacy On Mandatory Arbitration Clauses (Cornell edition)

4/8/18  //  Quick Reactions

Some recent updates on law students' organization against mandatory arbitration.

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

Kaplan & Company

The Trump Administration And Immigrant Children

5/25/18  //  Quick Reactions

The news that the Trump administration lost undocumented children after placing them in the custody of minors calls to mind Azar v. Garza, the case in which the administration insists on placing minors into the custody of sponsors before the minors can obtain abortions.

Leah Litman

U.C. Irvine School of Law

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

#MeToo & Legal-Institutional Reform (Part II-Claire Foy)

4/3/18  //  Commentary

This post, which addresses enforcement mechanisms, is part of a series on #MeToo, sex discrimination, and possible solutions that are more than quick fixes.

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

Versus Trump: #MeToo vs. Trump

12/14/17  //  In-Depth Analysis

On this week’s episode of Versus Trump, Charlie, Jason, and Easha talk about a defamation lawsuit brought by Summer Zervos, a woman who alleges that she was sexually assaulted by President Trump in a hotel room in 2007. Listen now!

Jason Harrow

Equal Citizens

Charlie Gerstein

Civil Rights Corps

Easha Anand

San Francisco

A Landmark Victory for LGBT Rights (And The Path Ahead)

4/5/17  //  Commentary

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.

Joshua Matz

Publisher

#MeToo Paper Spotlight (Part I)

4/16/18  //  Commentary

This post, which highlights an academic paper related to #MeToo, is part of a series on #MeToo, sex discrimination, and possible solutions that amount to more than quick fixes.

Leah Litman

U.C. Irvine School of Law

Versus Trump: Preventing The Prevention Of The Teen Pregnancy Prevention Program

5/17/18  //  Commentary

On this week's episode of Versus Trump, Easha, Charlie, and Jason discuss a series of recent rulings that have stopped the Trump Administration from revoking federal grants to entities that have been working to reduce teen pregnancy. Listen now!

Jason Harrow

Equal Citizens

Easha Anand

San Francisco

Charlie Gerstein

Civil Rights Corps

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 Costs of Conscience and the Trump Contraception Rules

3/6/18  //  Commentary

The Constitution prohibits the government from accommodating religious practices when doing so entails undue hardship to third parties

Micah Schwartzman

University of Virginia School of Law

Nelson Tebbe

Brooklyn Law School

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

Updates | The Week of March 27, 2017

4/2/17  //  Daily Update

The male-dominated Trump Administration has targeted women's health legislation.

Updates | Week of March 20, 2017

3/26/17  //  Daily Update

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.

Updates | The Week of April 3, 2017

4/9/17  //  Daily Update

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.

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 analyzed possible legal challenges to the bill on Take Care.