The Supreme Court’s Pretext Predicament in the Age of Trump

6/5/19  //  Commentary

By Joel Dodge: The Supreme Court must make a choice: either accept false justifications peddled by government lawyers, or insist upon getting the truth

Take Care

Reproductive Justice Symposium

5/24/19  //  In-Depth Analysis

Take Care has hosted a symposium on "Reproductive Rights and Justice Stories"—an important new book edited by Melissa Murray, Katherine Shaw, and Reva B. Siegel

Take Care

Can Public Health Help Abortion Rights?

5/22/19  //  In-Depth Analysis

Reproductive justice advocates have increasingly relied on public health research in legislative and judicial disputes

Rachel Rebouché

Temple University School of Law.

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

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

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

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

Gerstein Harrow LLP

Easha Anand

San Francisco

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

Trump's Unyielding Religious Exemptions from the Contraceptive Coverage Requirement Are Unconstitutional

3/26/19  //  In-Depth Analysis

The administration has issued a religious exemption rule that collides with the Establishment Clause

The Two Sides of Donald Trump in The @RealDonaldTrump Litigation

3/25/19  //  Commentary

The government’s brief is at war with itself with respect to the state action and government speech doctrines in the @realdonaldtrump litigation.

Kyle Skinner

Harvard Law School

Leah Litman

Michigan Law School

Christian Nationalism and the Bladensburg Cross

3/25/19  //  Commentary

One of the core goals of the Establishment Clause is to stave off developments like Christian nationalism and its hierarchies of citizens. The Bladensburg cross reflects and strengthens this troubling strain in American society.

Masterpiece Cakeshop & Proof of Religious Hostility in Civil Rights Enforcement

3/14/19  //  In-Depth Analysis

The Supreme Court's decision in Masterpiece Cakeshop offers no warrant for a rampant free exercise exceptionalism, in which the normal rules of constitutional law are suspended or inverted