Pregnant Workers and Reproductive Justice

5/21/19  //  In-Depth Analysis

Despite legal efforts to eliminate it, pregnancy discrimination remains rampant. Responses based in liberty, temporary disability, and sex equality arguments have met limited success in courts.

Jessica Clarke

Vanderbilt Law School

The Costs of the EPA's Foot-Dragging and Obstinacy

5/20/19  //  Commentary

The EPA, like many other agencies, is using every tool in the toolbox to avoid implementing the law. This trend is leading many courts to not give EPA and other agencies the benefit of the doubt in litigation.

Susannah Weaver

Donahue, Goldberg & Weaver, LLP

Immigration Policy Parallels

5/20/19  //  In-Depth Analysis

Now that the Trump administration has identified an additional 1700 children separated from their families, it’s time to revisit the administration’s legal arguments for why it was not actually separating families; with new, questionably legal actions that arise practically every day, we cannot let the way the administration has handled the fallout of its immigration policies slip by the wayside.

Leah Litman

Michigan Law School

Hilary Robin Rosenthal

Columbia Law School

Roe v. Wade, Frontiero v. Richadson, and the Equal Rights Amendment

5/20/19  //  Commentary

I clerked for Justice Brennan at the time. Here's how the proposed Equal Rights Amendment affected Roe v Wade and Frontiero v. Richardson.

Geoffrey R. Stone

UChicago Law School

Disestablishing the Mother

5/20/19  //  In-Depth Analysis

Artificial reproductive technology might disestablish the traditional ideas of maternity on which abortion law and discourse rests

Courtney Cahill

FSU College of Law

Race, Class, and Challenges to Abortion Restrictions

5/17/19  //  In-Depth Analysis

Race and class are intricately entwined with laws like the Hyde Amendment, and no advocacy on the issue can ignore this fact

David S. Cohen

Thomas R. Kline School of Law

The Constitutionality of the 5-5-5 Supreme Court Plan

5/17/19  //  Commentary

It would be constitutional to have a 15-person Supreme Court consisting of five Republican-affiliated justices, five Democratic-affiliated Justices, and five more justices unanimously selected by the first ten from judges of the federal court of appeals for a single-year term

Daniel Epps

Washington University Law School

Ganesh Sitaraman

Vanderbilt Law School

Key Context for Trump's Rhetoric About Immigrants

5/17/19  //  In-Depth Analysis

President Trump's rhetoric draw upon a familiar narrative that pathologizes immigration and immigrant reproduction as a threat while protecting and supporting the nation’s “good” mothers, families, and neighborhood

Yvonne Lindgren

UCSF Law School

Versus Trump: Trump Loses On Family Planning, Wins In The Ninth, and More

5/16/19  //  Uncategorized

This week on Versus Trump, Jason and Easha go through a few updates to cases involving Title X, which provides money for family planning; the Administration's policy to have many asylum applicants removed to Mexico; and the controversial border wall. Trump lost one, won one—for now, and hasn't yet gotten a decision in the third. Listen now!

Jason Harrow

Equal Citizens

Easha Anand

San Francisco

Religious Freedom As a Basis for the Right to Choose

5/16/19  //  In-Depth Analysis

If Roe is overturned, doctrines of religious freedom may help safeguard reproductive rights, but only if we build the groundwork by recovering the history of religious reproductive justice and amplifying the moral reasoning of pregnant people

Elizabeth Sepper

Washington University

Abortion and #MeToo

5/15/19  //  In-Depth Analysis

The rock-the-world power of #MeToo shows us that the ultimate key to change is story-sharing with families, friends and neighbors

Suzanne Goldberg

Columbia Law School

Courts, Law, and Social Change: A Response to Litman

5/15/19  //  In-Depth Analysis

Courts are important, but they are not the only sun around which all other entities revolve and from which they gain their light

Courtney Cahill

FSU College of Law

When You Have Five, They Let You Do Whatever You Want

5/14/19  //  In-Depth Analysis

While several of the essays in the edited collection of Reproductive Rights And Justice Stories talk about social movements that have influenced the law, some recent events suggest we should have those discussions without losing our focus on courts themselves

Leah Litman

Michigan Law School

Reproductive Rights and Justice

5/13/19  //  In-Depth Analysis

The story of reproductive justice extends far beyond courts and involves all the conditions in which individuals make decisions about having and not having children

Kate Shaw

Cardozo Law

Reva Siegel

Yale Law School

Melissa Murray

NYU Law School

Fiscal Hardball: House Democrats Need to Use Their Appropriation Authority to Reign in the Out-of-Control GOP

5/13/19  //  Commentary

By Eric J. Segall: The Democrats in Congress hold the power of the power of the pursue and they should use it to address norm breaking behavior by President Trump (and his GOP allies)

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