Law Commons^™

Disability And Reproductive Justice, Samuel Bagenstos

Articles

In the spring of 2019, disability and abortion rights collided at the Supreme Court in a case involving an Indiana ban on “disability-selective abortions.” In a lengthy concurrence in the denial of certiorari, Justice Thomas argued that the ban was constitutional because it “promote[s] a State’s compelling interest in preventing abortion from becoming a tool of modern-day eugenics.” Just a few months earlier, disability and reproductive rights issues had intersected in a very different way in the debate over the nomination of Brett Kavanaugh to the Supreme Court. Disability rights advocates drew attention to an opinion then-Judge Kavanaugh had written …

Religious Liberty Challenges To Health Care In The Age Of Covid-19 – Supreme Court Arguments In Little Sisters Of The Poor V. Pennsylvania, Law, Rights, And Religion Project

Center for Gender & Sexuality Law

On Wednesday, May 6, 2020 the Supreme Court will be hearing arguments (telephonically) in the most recent challenge to the Affordable Care Act’s requirement that employee health plans include contraception coverage, Little Sisters of the Poor v. Pennsylvania. The case raises the important question of whether religious liberty rights can be used to limit access to health care at a time when the nation – and the world – is experiencing one of the worst global pandemics in human history. For this reason, the issues in this case take on special significance.

Empowered Women Empower Women, Anne S. Douds

Public Policy Faculty Publications

Good afternoon and thank you for your determination to hold this important event today regardless of the weather. When Jenny said that we would go forward rain, sleet, or snow, I did not anticipate that we would have all three in the same day!

Maybe your determination derives from the residual spirit of a group of women who gathered here 100 years ago, also determined, but that time they were determined to ensure that their community acknowledged their right to vote. They were empowered, excited, and ready to act because, five years prior, in 1915, Katherine Wentworth of the Pennsylvania …

Reproducing Inequality Under Title Ix, Deborah L. Brake, Joanna L. Grossman

Articles

This article elaborates on and critiques the law’s separation of pregnancy, with rights grounded in sex equality under Title IX, from reproductive control, which the law treats as a matter of privacy, a species of liberty under the due process clause. While pregnancy is the subject of Title IX protection, reproductive control is parceled off into a separate legal framework grounded in privacy, rather than recognized as a matter that directly implicates educational equality. The law’s division between educational equality and liberty in two non-intersecting sets of legal rights has done no favors to the reproductive rights movement either. By …