Getting To No On Roe: It's Already Started

9/11/18  //  Uncategorized

A recent Eighth Circuit case shows how courts and the newly reconstituted Supreme Court will perform legal gymnastics in order to limit Roe and Casey.

Leah Litman

U.C. Irvine School of Law

Birth Control Is Not Abortion

9/7/18  //  Quick Reactions

By Greg Lipper: At his confirmation hearing, Judge Kavanaugh used the phrase “abortion-inducing drugs" while referring to a case he heard on the DC Circuit. This description of the case is at odds with modern science and suggests his hostility to foundational privacy precedents.

Take Care

The (Ir)relevance of parental consent requirements to Garza

9/5/18  //  Quick Reactions

Judge Kavanaugh suggested he was faithfully applying parental consent cases in Garza v. Hargan. He's wrong.

Leah Litman

U.C. Irvine School of Law

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

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

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

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

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

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

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