Women’s Rights

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

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

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

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.

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

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.

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

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.

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 March 27, 2017

4/2/17  //  Daily Update

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

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

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

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

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

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

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

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.