In light of a recent trend of conservative voices opposing no-fault divorce laws, Stanford Law visiting professor Joanna L. Grossman and SMU Dedman School of Law professor Natalie Nanasi explain the history of fault-based divorce and no-fault divorce law in the United States. Professors Grossman and Nanasi point out that since the advent of the no-fault divorce the divorce rate is lower, the process is more efficient, and no-fault divorces provide an escape hatch for abused spouses who might otherwise have been stuck in an abusive marriage.
Stanford Law visiting professor Joanna L. Grossman, SMU Law professor Nathan Cortez, and SMU Law professor Seema Mohapatra critique the ruling last week by federal judge Matthew Kacsmaryk issuing a preliminary injunction to “delay” the FDA’s approval of mifepristone, one of the two drugs used in medication abortion. Professors Grossman, Cortez, and Mohapatra explore some of the deepest flaws in Judge Kacsmaryk’s opinion and the ways he manipulated law, science, and language to hew closely to the anti-abortion playbook.
Stanford Law visiting professor Joanna L. Grossman and professor Lawrence M. Friedman explain why the Comstock Act, an anti-vice law passed 150 years ago but never removed from the books, has recently become noticed again with Republicans’ renewed efforts to ban abortion nationwide. Professors Grossman and Friedman describe the law and the man behind the law, Anthony Comstock, and they argue that the so-called ghost law should remain dead.
SMU Dedman School of Law professor Joanna L. Grossman comments on the Pregnant Workers Fairness Act, which Congress introduced for the first time in 2012 and which President Biden finally signed into law on December 29, 2022. Professor Grossman explains the gaps in pregnancy discrimination law, the need to better address the realities of pregnant workers, and the ways in which the new law will better meet their needs.
SMU Dedman School of Law professor Joanna L. Grossman comments on the passage of the Respect for Marriage Act, which practically and symbolically enshrines protection for same-sex marriage in federal law. Professor Grossman explains the shameful history of the Defense of Marriage Act (DOMA) and the changes effectuated by the Respect for Marriage Act.
SMU Dedman School of Law professor Joanna L. Grossman describes the current status of abortion rights and access in Texas in light of the “Roe trigger ban” taking effect today, August 25, 2022. Professor Grossman explains the history of abortion in Texas and highlights the inhumanity of a law that prefers to let a pregnant woman die when a safe medical procedure would have saved her life, rather than permit her to terminate a pregnancy, even a non-viable one, unless she is on the brink of death or substantial bodily impairment.
In this second of a series of columns on the Supreme Court’s decision that eliminated the constitutional right to abortion, SMU Dedman School of Law professor Joanna L. Grossman and Stanford Law professor Lawrence M. Friedman describe how abortion law arose alongside the eugenics movement. As Professor Grossman and Friedman explain, early abortion restrictions were, in part, an effort to encourage the “right” people to have babies (positive eugenics), used in conjunction with negative eugenics, which involved forced sterilization of people deemed “unfit.”
In this first of a series of columns on the Supreme Court’s elimination of the constitutional right to abortion, SMU Dedman School of Law professor Joanna L. Grossman describes the history of the right to abortion and explains how the decision in Dobbs v. Jackson Women’s Health Organization changes both the legal landscape and also our constitutional conception of what it means to be full members of society. Professor Grossman argues that with this ruling, the Supreme Court has returned women to the service of society, rather than allowing them the dignity of an autonomous life, and that is only the beginning.
SMU Dedman School of Law professor Joanna L. Grossman describes the American child welfare system and argues that Texas Governor Greg Abbott’s attempt to weaponize state child abuse law against trans children and their parents is grossly unconstitutional. Professor Grossman points out that the child welfare system gives parents broad discretion to make medical decisions for their children, and a state cannot simply decide that a particular type of medical treatment constitutes child abuse because it is politically opposed to it.
SMU Dedman School of Law professor Joanna L. Grossman argues that the New York Bar Association should not eliminate Question 26 of the New York Bar Exam, which asks applicants for admission to the state bar whether they have been arrested. Professor Grossman explains why eliminating the question would likely cause more harm than good.
SMU Dedman School of Law professor Joanna L. Grossman describes the devastating short-term impact of eliminating federal constitutional protection for abortion which the U.S. Supreme Court seems likely to do imminently. Professor Grossman observes that even now, while constitutional protection for abortion exists, many pregnant women already face significant barriers to abortion care, reminding us that we need to work towards a future that is more protective and more equal rather than just trying to claw our way back to the bare minimum provided by Roe v. Wade.
SMU Dedman School of Law professor Joanna L. Grossman comments on the abortion cases currently before the U.S. Supreme Court—one challenge a restrictive Texas abortion law and another challenge to a plainly unconstitutional Mississippi law. Professor Grossman argues that safe-haven laws—which Justice Amy Coney Barrett in particular asked about during her line of questioning in oral argument—play no role in the law or policy of abortion.
SMU Dedman School of Law professor Joanna L. Grossman describes the unique burdens that Texas has imposed on people seeking to exercise their constitutionally protected right to an abortion, as well as those who provide abortions in that state. Professor Grossman focuses on the harmful and widespread effects of the legal limbo created by the enactment of a blatantly unconstitutional law such as Texas SB 8.
SMU Dedman School of Law professor Joanna L. Grossman answers some of the most frequently asked questions about Texas’s “SB 8” law, which bans most abortions, including those protected by the federal Constitution. Professor Grossman dispels some of the myths about the law and describes some of the ways it is both different and more extreme than other anti-abortion laws.
SMU Dedman School of Law professor Joanna L. Grossman and Stanford Law professor Lawrence M. Friedman comment on the recent publicity of the conservator of Britney Spears. Professors Grossman and Friedman explain the typical purpose of a conservatorship, provide a brief history of the history of conservatorship in American law, and explain why Britney’s conservatorship in particular is unusual and potentially problematic.
SMU Dedman School of Law professor Joanna L. Grossman comments on the recently passed Connecticut Parentage Act, a comprehensive bill designed to modernize the rules regarding the creation of legal parent-child ties. Professor Grossman praises the Act as a welcome and thoughtful development that changes all relevant laws in that state to address the range of issues and policies that affect modern families.
SMU Dedman School of Law professor Joanna L. Grossman and Stanford Law 1L Saraswati Rathod explain why recent efforts in various states to ban transgender women and girls from competing in women’s sports are dangerous and misguided. Professor Grossman and Ms. Rathod argue that the actions purport to solve a problem that doesn’t even exist, and they risk substantial harm to a vulnerable group of women and girls, as well as to women’s athletics across the board.
SMU Dedman School of Law professor Joanna L. Grossman and Stanford Law professor Lawrence M. Friedman consider how the law views polyamory and polyamorous relationships. Professors Grossman and Friedman describe recent developments in family law and explain how those changes in the law have affected and will continue to affect the legal rights of people in polyamorous relationships.
SMU Dedman School of Law professor Joanna L. Grossman comments on a Texas bill that would allow teens to access birth control without parental involvement. Professor Grossman describes the current state of reproductive health laws and policies in Texas and explains why the proposed bill is so important.
SMU Dedman School of Law professor Joanna L. Grossman comments on a recent law passed in New York that legalizes commercial surrogacy.