June Medical As The New Casey

6/29/20  //  Quick Reactions

As in prior abortion cases, the Chief Justice gave abortion supporters a victory while at the same time laying the groundwork for much weaker protections for abortion rights.

Leah Litman

Michigan Law School

June Medical Symposium: The Court Must Recognize Women's Equality

3/2/20  //  Commentary

With the argument in June Medical days away, Gretchen Borchelt of the National Women's Law Center argues that the Court must "reaffirm that women’s equality is fundamentally connected to the right to abortion."

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June Medical Symposium: Louisiana’s Salvo Against Abortion Providers' Standing is Another Attack on Precedent and on Common Sense

2/28/20  //  Commentary

Three leading scholars call Louisana's attempt to deny doctors standing in abortion-related cases "cynical," and they explain why the Court would have to upset decades of well-settled, sensible precedent to agree with Louisiana.

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June Medical Symposium: How We Know that Louisiana’s Admitting Privileges Law is Rooted in Unconstitutional Sex Stereotypes

2/27/20  //  Commentary

Many have argued that the law at issue in June Medical does not promote anyone's health. But, looking deeper, Priscilla Smith argues that the state's whole statutory scheme "reflects and entrenches unfounded stereotypes about women."

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June Medical Symposium: The History Behind Third Party Standing Arguments

2/26/20  //  Commentary

In the third post in our Symposium on June Medical, Professor Mary Ziegler links Louisiana's argument that doctors lack standing to litigate cases related to abortion with a broader shift in litigation tactics by those opposed to abortion. And she wonders whether a reversal of precedent on standing doctrine could lead inevitably to the end of Casey and Roe.

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June Medical Symposium: The Quiet Erasure Of The Right To Abortion

2/25/20  //  Commentary

In our Symposium on June Medical, Andrew Beck of the ACLU's Reproductive Freedom Project wonders if a decision in this case will leave many Americans with a right to abortion on paper—but not in practice.

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June Medical Symposium: Abortion Returns To The Supreme Court

2/24/20  //  Commentary

On March 4, the Supreme Court will hear its first abortion case in several years. In the first entry of our symposium, Dean Erwin Chemerinsky sets up the stakes—and fears that the case is going to end with the five conservative justices allowing severe restrictions on abortion, such as have not been upheld since Roe v. Wade.

Erwin Chemerinsky

U.C. Irvine School of Law

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.

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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.

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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

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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.

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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.

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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.

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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