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- Abortion (2)
- Supreme Court (2)
- Bray v Alexandria Women's Health (1)
- Civil rights (1)
- Constitutional interpretation (1)
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- Constitutional liberty (1)
- Constitutionalization of family law (1)
- Dobbs v. Jackson Women's Health Organization (1)
- Equal Protection Clause (1)
- Federalism (1)
- Health care reform (1)
- Lochner (1)
- Medicaid (1)
- Obergefell v. Hodges (1)
- Right to choose (1)
- SCOTUS (1)
- Section 1985 (1)
- State constitutions (1)
- Substantive due process (1)
- Washington v. Glucksberg (1)
Articles 1 - 3 of 3
Full-Text Articles in Supreme Court of the United States
Ordered Liberty After Dobbs, Linda C. Mcclain, James E. Fleming
Ordered Liberty After Dobbs, Linda C. Mcclain, James E. Fleming
Faculty Scholarship
This Essay explores the implications of Dobbs v. Jackson Women’s Health Organization for the future of substantive due process (SDP) liberties protecting personal autonomy, bodily integrity, familial relationships (including marriage), sexuality, and reproduction. We situate Dobbs in the context of prior battles on the Supreme Court over the proper interpretive approach to deciding what basic liberties the Due Process Clause (DPC) protects. As a framing device, we refer to two competing approaches as “the party of [Justice] Harlan or Casey” versus “the party of Glucksberg.” In Dobbs, the dissent co-authored by Justices Breyer, Sotomayor, and Kagan represents the party of …
Post-Reform Medicaid Before The Court: Discordant Advocacy Reflects Conflicting Attitudes, Nicole Huberfeld
Post-Reform Medicaid Before The Court: Discordant Advocacy Reflects Conflicting Attitudes, Nicole Huberfeld
Faculty Scholarship
The Supreme Court will decide two major Medicaid cases this term that raise major questions about the program and the tensions it creates between the federal government and the states. The Court heard oral arguments on October 3d in Douglas v. Independent Living Center, a dispute between California and its Medicaid providers regarding reimbursement cuts due to California’s budget crisis. The Medicaid providers argue that these proposed cuts are so extreme as to violate federal law and thus the Supremacy Clause. Their contention hinges on the Equal Access Provision of the Medicaid Act, which commands states to pay healthcare providers …
The Supreme Court's Narrow View On Civil Rights, Jack M. Beermann
The Supreme Court's Narrow View On Civil Rights, Jack M. Beermann
Faculty Scholarship
The right to choose abortion, although recently significantly curtailed from its original scope,' is a federally protected liberty interest of women, and is at least protected against the imposition of "undue burdens" by state and local government.2 Some of the most serious threats to women's ability to choose abortion have come not from government regulation, but from private, national, organized efforts to prevent abortions. In addition to seeking change through the political system, some of these organizations, most notably Operation Rescue, have focused on the providers of abortion, and have attempted to prevent abortions by forcibly closing abortion clinics …