Analysis and Commentary on Reproductive Law
Republicans Will Not Seriously Try to Sell Marco Rubio as a Moderate, Will They?

In this first of a series of columns evaluating presidential candidates’ claims of being moderate, George Washington law professor and economist Neil H. Buchanan argues that Marco Rubio is extremely conservative on both social and economic issues. Buchanan points to Rubio’s position on such social issues as reproductive rights, same-sex marriage, gun control, and economic issues such as tax policy and the federal budget.

The Moral Clarity of the Pro-Life Position in Frozen Embryo Disputes

Cornell University law professor Sherry Colb discusses the recent trend of anti-abortion groups joining custody battles over frozen embryos on the side of the parent that seeks implantation. Colb argues that this position is consistent with their deeply held view that life begins at conception—much more so than their more usual stance in battles over abortion regulation.

Frozen Embryo Disputes

Cornell University law professor Sherry Colb uses a recent court dispute over a contract governing a divorced couple’s frozen embryos as the basis for considering some important issues that would arise in a frozen embryo dispute with no contract. Colb points out that resolving such a dispute would require careful balancing of the right of one party to procreate, on the one hand, and the right of the other party not to procreate, on the other.

Why Pro-Life and Pro-Animal Violence Are Immoral

Sherry Colb, a law professor at Cornell Law School, discusses the moral status of perpetrating violence to express opposition to abortion and to animal killing and cruelty. Colb argues there are nonviolent means of furthering pro-life and pro-animal rights movements, violence for these purposes is an unnecessary and thus immoral option.

Why the Challenges to California’s Reproductive Fact Act Are Likely Unpersuasive

Vikram David Amar, dean and law professor at the University of Illinois College of Law, and Alan Brownstein, professor at UC Davis School of Law, examine a court challenge brought against a recently enacted California law regulating family planning clinics. Amar and Brownstein argue that the law should survive these constitutional challenges.

“Shout Your Abortion” Movement Raises Questions About the “Coming Out” Analogy

Cornell University law professor Michael Dorf discusses the #ShoutYourAbortion movement intended to destigmatize abortion. Dorf describes how people “coming out” as being gay or lesbian helped destigmatize sexual orientation, and how coming out as having a disability or disease has helped destigmatize those statuses, as well. Dorf cautions that while the #ShoutYourAbortion movement could resemble these other movements, it may also be different in some important ways.

Ohio Considers Banning Abortions Motivated by Down Syndrome

Cornell University law professor Sherry Colb discusses an Ohio bill currently under consideration that would ban abortions motivated by the presentation of Down syndrome by an embryo or fetus. Colb argues that a woman’s right to make decisions over her bodily integrity includes the right to make a decision on a basis that some or most people might find offensive.

What Reactions to the Undercover Planned Parenthood Video Tell Us About Our Values

Cornell University law professor Sherry Colb draws upon the outrage many people felt in response to a video allegedly showing Planned Parenthood officials discussing the sale of fetal body parts and tissue from abortions (video that was subsequently revealed to be edited so as to be intentionally misleading) in order to discuss a different area in which tissue and parts are bought and sold without evoking such broad outrage.

A Further Look at January 1973: A History Turning Month

Former counsel to the president John W. Dean continues his dialogue with attorney and author Jim Robenalt to discuss Robenalt’s new book, January 1973: Watergate, Roe v. Wade, Vietnam, and the Month That Changed America Forever. In this second of a two-part series of columns, Robenalt focuses on new information he discovered relating to the history Roe v. Wade decision.

Competing Values in the Conviction of a Woman for Feticide

Cornell University law professor Sherry Colb discusses a recent criminal case out of Indiana, in which a woman was convicted and sentenced for feticide. Colb argues that while the situation as a whole is a tragedy, it also highlights a failure of the State of Indiana to have empathy for women in pain whose circumstances call for mercy rather than a pure retributive impulse.

The Fifth Circuit Blocks Mississippi Law From Closing the Last Abortion Clinic

Cornell University law professor Sherry Colb discusses a recent decision by a panel of the U.S. Court of Appeals for the Fifth Circuit sustaining an as-applied constitutional challenge to a Mississippi law requiring “admitting privileges” for physicians who provide abortions. Colb explains the panel majority’s creative, albeit convincing, reasoning and critically analyzes the dissenting opinion.

The Circle Starts to Close: The Religious Freedom Restoration Act, Abortion, the Catholic Bishops, and the Satanic Temple

Cardozo Law professor Marci Hamilton comments on a recent move by the Satanic Temple seeking exemption from coercive informed consent laws citing the U.S. Supreme Court’s decision in Burwell v. Hobby Lobby Stores Inc. Hamilton describes the Catholic bishops’ apprehension toward the Religious Freedom Restoration Act (RFRA) when it was being considered over twenty years ago and how quickly they got behind it after it passed. Finally, Hamilton describes how clear it is now that RFRA cuts both ways.

What Counts as an Abortion, and Does It Matter?

Cornell University law professor Sherry Colb discusses the U.S. Supreme Court’s recent decision in Burwell v. Hobby Lobby Stores Inc., and the nature of the respondents’ claim that IUDs and morning-after pills are abortifacients. Colb analogizes to the distinction between the culpability of direct violence and failure to rescue in order to illustrate that the respondents’ claims are moral rather than factual in basis.

Meet our Columnists
Vikram David Amar
Vikram David Amar

Vikram David Amar is a Distinguished Professor of Law at UC Davis School of Law and a Professor... more

Neil H. Buchanan
Neil H. Buchanan

Neil H. Buchanan, an economist and legal scholar, is a visiting professor at both Osgoode Hall... more

John Dean
John Dean

John Dean served as Counsel to the President of the United States from July 1970 to April 1973.... more

Michael C. Dorf
Michael C. Dorf

Michael C. Dorf is the Robert S. Stevens Professor of Law at Cornell University Law School. He... more

Samuel Estreicher
Samuel Estreicher

Samuel Estreicher is the Dwight D. Opperman Professor, Director, Center for Labor and Employment... more

Leslie C. Griffin
Leslie C. Griffin

Dr. Leslie C. Griffin is the William S. Boyd Professor of Law at the University of Nevada, Las... more

Joanna L. Grossman
Joanna L. Grossman

Joanna L. Grossman is the Ellen K. Solender Endowed Chair in Women and Law at SMU Dedman School... more

Marci A. Hamilton
Marci A. Hamilton

Professor Marci A. Hamilton is a Professor of Practice in Political Science at the University of... more

Joseph Margulies
Joseph Margulies

Mr. Margulies is a Professor of Government at Cornell University. He was Counsel of Record in... more

Austin Sarat
Austin Sarat

Austin Sarat is the William Nelson Cromwell Professor of Jurisprudence and Political Science at... more

Laurence H. Tribe
Laurence H. Tribe

Laurence H. Tribe is the Carl M. Loeb University Professor Emeritus at Harvard University and... more

Lesley Wexler
Lesley Wexler

Lesley Wexler is a Professor of Law at the University of Illinois College of Law. Immediately... more