Versus Trump: Trump vs. The Equal Rights Amendment

1/16/20  //  In-Depth Analysis

On this week’s Versus Trump, Jason, Easha, and Charlie discuss the Trump Administration's new legal opinion regarding the legal status of the Equal Rights Amendment, also known as the ERA. They consider what will happen now that Virginia has become the 38th state to ratify the ERA since 1972. Is it too late, or can Congress do anything to add this amendment to the Constitution? Listen now!

Easha Anand

San Francisco

Charlie Gerstein

Civil Rights Corps

Versus Trump: States vs. Conscience Rule

11/14/19  //  Uncategorized

On this week’s Versus Trump, Jason, Charlie, and Easha discuss a court's opinion vacating the Trump Administration's so-called "conscience rule." This rule would have broadly permitted many employees in the healthcare sector from in any way participating in procedures with which they have religious or moral disagreements—even in emergencies. Listen now!

Charlie Gerstein

Civil Rights Corps

Easha Anand

San Francisco

When The Government Asserts An interest In Discrimination

10/7/19  //  Commentary

The Trump Department of Justice has recently started asserting that the federal government has an interest in discrimination, rather than in preventing discrimination

Leah Litman

Michigan Law School

Symposium on June Medical Services v Gee

10/4/19  //  In-Depth Analysis

June Medical Services v. Gee involves a Louisiana law that would require abortion providers to obtain admitting privileges at a hospital within 30 miles of where they perform abortions. SCOTUS has granted review of the constitutionality of that law.

Take Care

June Medical And The End of Reproductive Justice

10/2/19  //  In-Depth Analysis

While June Medical does not ask the Court to overturn Roe v. Wade or Planned Parenthood v. Casey, the practical effect of the state’s positions would allow states to regulate abortion out of existence

Leah Litman

Michigan Law School

Pavan and June Medical Services

9/27/19  //  In-Depth Analysis

Pavan and June Medical Services are both examples of lower courts bending over backwards to avoid the clear command of Supreme Court precedent. Both merit the same treatment from the Supreme Court – summary reversal.

Take Care

A Duplicitous Playbook: June Medical Services v. Gee and the New Jane Crow

9/24/19  //  In-Depth Analysis

What is clear in June Medical Services v. Gee, as with the other antiabortion measures making their way through the courts, is that these targeted regulations of abortion providers have nothing to do with protecting women or their health

Take Care

The Anti-Abortion Movement's Unworkability Strategy

9/23/19  //  In-Depth Analysis

Antiabortion lawyers think that they can turn a fact and evidence-based legal standard into an argument against stare decisis, which would advance their ultimate goal of overturning Roe. In June Medical, it is time for the justices to prove them wrong.

Take Care

SCOTUS Needs to Rein in Lower Courts Willing to Force Its Hand by Defying Its Precedent

9/19/19  //  In-Depth Analysis

By David Strauss: Ideological lower court judges have challenged the Supreme Court by defying its precedent. There is one way for the Court to keep from being put in this position time and again. It should summarily reverse, making clear that only the Court will decide when its own precedent is no longer good law.

Take Care

June Medical Services’ Double Threat to the Rule of Law

9/17/19  //  In-Depth Analysis

In recent months, commentators and the justices themselves have raised concerns about declining public confidence in the judiciary. But confidence has to be earned. Enforcing the law and summarily reversing the Fifth Circuit is an essential first step.

Take Care

June Medical Services v. Gee and the Future of Abortion Rights

9/16/19  //  In-Depth Analysis

June Medical Services v. Gee is the Supreme Court’s next opportunity to weigh in on women’s constitutional right to decide to end their pregnancies.

Leah Litman

Michigan Law School

Versus Trump: Is There A New Title X In Town?

7/4/19  //  Commentary

This week on Versus Trump, Jason and Charlie are joined by guest host Alexandra Brodsky to discuss the Ninth's Circuit's recent decision that let go into effect major new regulations for the primary federal program dealing with family planning and women's health—a program known as Title X. Listen now!

Charlie Gerstein

Civil Rights Corps

There Goes Title X: Title X is Contraception, Folks

6/22/19  //  Commentary

By Priscilla J. Smith: Conservatives are hiding behind the abortion debate to attack contraceptive access and getting away with it

Take Care

Abortion, Equal Protection, and the ERA—Courts Then and Now

6/11/19  //  In-Depth Analysis

A half century ago women and men challenging abortion restrictions were creative in making claims on the Constitution, taking to the streets, to the legislatures, and to the courts. In their audacity and creativity, we can find our future.

Reva Siegel

Yale Law School

Melissa Murray

NYU Law School

Kate Shaw

Cardozo Law

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