Tag Archives: Abortion
Mandatory Vaccination and the Future of Abortion Rights

In light of recent news that Pfizer and Moderna have apparently created safe and effective vaccines against COVID-19, Cornell law professor Michael C. Dorf considers whether the government can mandate vaccination for people who lack a valid medical reason not to get vaccinated. Dorf briefly addresses issues of federalism and religious objections to vaccination and then addresses the question whether mandatory vaccination might be inconsistent with a right to abortion.

Reflections on Our First Two Female Supreme Court Justices

In honor of the late Justice Ruth Bader Ginsburg, University of Pennsylvania professor Marci A. Hamilton and former clerk to Justice Sandra Day O’Connor, reflects on our country’s first two female Supreme Court Justices and their similarities and differences. Hamilton points out that a majority of Americans support a woman’s right to choose abortion in at least some circumstances and the right to contraception and warns the President and the Senate to think long and hard before they replace Ginsburg on the fly with a someone who is a threat to abortion and contraception.

Lies, Damned Lies, and Statistics U.S. Senator Ted Cruz Takes to the Internet with False Claims about Childbirth and Abortion

SMU Dedman School of Law professor Joanna L. Grossman debunks a tweet by Texas Senator Ted Cruz about childbirth and abortion. Grossman describes how, contrary to Cruz’s claims, pregnancy is dangerous, Mifeprex has only minor potential side effects, and the risk of dying from childbirth is many times greater than the risk of dying from an abortion.

A Modest Proposal: A Heartbeat Bill for Those Who Don’t Wear Masks

University of Pennsylvania professor Marci A. Hamilton draws upon a strategy used by anti-abortion advocates in suggesting a way to encourage (or coerce) more people into wearing masks to avoid the spread of COVID-19. Hamilton proposes requiring persons who opt not to wear a mask in public (1) to watch, on a large screen, an adult's beating heart for 30 seconds, and (2) to be read a statement about how their decision unreasonably endangers others.

Stay the Course: The Supreme Court Respects Abortion Rights Precedent

SMU Dedman School of Law professor Joanna L. Grossman comments on the U.S. Supreme Court’s decision in June Medical Services v. Russo, in which a 5-4 majority of the Court struck down a Louisiana law regulating abortion providers. Grossman describes the history of abortion decisions that got us to this place today and explains why the core right to seek a previability abortion without undue burden from the government remains intact.

What Chief Justice Roberts’s June Medical Concurrence Tells Us About the Future of Abortion

Jareb Gleckel assesses what Chief Justice John Roberts’s concurrence in the June Medical decision might tell us about the future of abortion in the United States. Gleckel suggests that the concurrence suggests that the Chief Justice will not vote to overrule Roe and Planned Parenthood v. Casey but cautions that the test the Chief Justice embraces could provide a roadmap for anti-abortion states going forward.

Before She Died, “Jane Roe” Said She Was Never Really Pro-Life: Does It Matter?

Cornell law professor Michael C. Dorf comments on the revelation that before she died, Norma McCorvey—the woman who was the plaintiff in Roe v. Wade and who had subsequently become a prominent spokesperson for overturning the decision—said she was never really pro-life after all. Using this example, Dorf explains why, in some ways, the individual plaintiff’s identity does not matter for the purpose of deciding an important legal issue, yet in other ways, the plaintiff’s underlying story can be very important for other reasons.

Unconstitutional Chaos: Abortion in the Time of COVID-19

SMU Dedman School of Law professor Joanna L. Grossman and Florida State University law professor Mary Ziegler discuss the abortion bans implemented in several states in response to the COVID-19 pandemic. Grossman and Ziegler explain why the bans are unconstitutional and comment on the connection between the legal challenges to those bans and the broader fight over abortion rights.

Junk Science, Junk Law: Eugenics and the Struggle Over Abortion Rights

Joanna L. Grossman, SMU Dedman School of Law professor, and Lawrence M. Friedman, a Stanford Law professor, comment on a decision by the U.S. Supreme Court last month upholding a provision of Illinois law that prescribed the disposition of fetal remains. Grossman and Friedman focus their discussion on Justice Clarence Thomas’s concurring opinion and his discussion of eugenics, which they argue is inapt and a distorted telling of history.

Dismantling the Falsest Comparison: Why a Woman’s Right to Choose Has Nothing to Do With Nazism and Jim Crow

Cornell law professor Joseph Margulies addresses comments made in an op-ed by Atlanta District Attorney John Melvin that opponents of restrictive abortion laws are similar to Nazis or supporters of Jim Crow laws. Margulies explains why the comparison is not only intellectually and morally bankrupt, but also shameful, deserving of the most direct condemnation.

What’s Missing in the Alabama Human Life Protection Act?

Cornell law professor Sherry F. Colb describes some ideological inconsistencies with the abortion law recently passed in Alabama, which prohibits all abortions except those necessary to protect against a serious health risk to the pregnant woman. Colb points out if an embryo or fetus and the woman carrying it are equally entitled to exist, then the exception for the serious health risk to the woman is inconsistent with that perceived equality. Colb also argues that the decision of Alabama lawmakers to penalize the abortion provider but not the abortion seeker similarly requires accepting on some level that a woman and her embryo or fetus are not co-equal occupants, which is inconsistent with the pro-life vision behind Alabama’s law.

Somewhere Over the Rainbow: The Kansas Supreme Court Protects Abortion Rights

SMU Dedman School of Law professor Joanna L. Grossman comments on the recent decision by the Kansas Supreme Court recognizing a state constitutional right to abortion. Grossman explains the historical backdrop of the dispute and describes the reasoning behind the decision of the Kansas Supreme Court.

Bypassing the Constitution: Texas Legislature Considers Bill to Add Burdens to Pregnant Teens

SMU Dedman School of Law professor Joanna L. Grossman comments on a bill under consideration by the Texas legislature that would require appointment of an attorney ad litem to represent an unborn child during a judicial bypass proceeding for an abortion for a pregnant minor. Grossman describes the legal background and explains why the bill is both unconstitutional and unwise.

A Right to Abort a Full-Term “Fetus”?

Cornell law professor Sherry F. Colb comments on an abortion bill that is currently under consideration in Virginia, arguing that the bill would excessively liberalize abortion laws in that state. Colb, who is pro-choice, points out that pro-choice theorists and activists should discern exactly why they believe in the right to terminate an unwanted pregnancy and draw—rather than resist—rational distinctions between a ball of cells and a newborn baby.

On Anniversary of Roe v. Wade, New York Moves to Shore Up Reproductive Rights

SMU Dedman School of Law professor Joanna L. Grossman comments on New York Governor Andrew Cuomo’s signing into law the Reproductive Health Act, which eliminates disparities between the federal constitutional standard and New York’s statutory standard preserving a woman’s right to terminate a pregnancy. Grossman describes the evolution of abortion rights in the United States and points out that New York’s move to safeguard this right comes at a time when the US Supreme Court might rule to overturn its precedent, and ironically, on the 46th anniversary of the Court’s historic decision in Roe v. Wade.

The Politics of Interpreting a Drop in Abortion Rates

Cornell law professor Sherry F. Colb discusses a recent report from the Centers for Disease Control that reflects a decrease in the rate of abortions in the United States. Colb explores the various reasons why this might be the case, illustrating how such reasons might differ between pro-life and pro-choice perspectives, as well as offering her own take on the report's findings.

At Least for Now, Women Have Reproductive Rights

SMU Dedman School of Law professor Joanna L. Grossman discusses a recently introduced Ohio bill that would ban abortion, regardless of circumstances. Grossman notes that while this bill may not ever be signed into law, a growing trend in recent years has seen many nearly as extreme bills become law in other states. Grossman argues that federal courts will follow Supreme Court precedent and hold most of these recently passed abortion bills invalid but cautions that the Supreme Court’s increasingly conservative lineup of justices may one day invalidate existing precedent, paving the way for the passage of similar bills.

Texas Judges Give Unconstitutional Fetal Remains Law a Proper Burial

SMU Dedman School of Law professor Joanna L. Grossman comments on a recent decision by a Republican-appointed federal judge striking down (yet another) unconstitutional Texas law that would have required embryonic and fetal remains to be given a “proper” burial. Grossman explains that the judge correctly found the Texas law would have placed an undue burden on women while its purported benefits were “de minimis” at best, in violation of the US Supreme Court’s decision in Planned Parenthood v. Casey.

Would a Feminist Oppose the Right to Choose?

Cornell law professor Sherry F. Colb considers some of the self-described pro-life feminists’ arguments against abortion rights and argues that an anti-choice position on abortion is not only not feminist, but contrary to feminism. Colb argues that a zygote—a mere collection of cells—is not a child and would have no claim to the inside of a woman’s body even if it were; thus, a full feminist would recognize these simple truths and would be pro-choice.

A Strong Anti-Choice Signal From the Court

UNLV Boyd School of Law professor Leslie C. Griffin discusses the US Supreme Court’s recent decision in NIFLA v. Becerra, in which a 5–4 majority of the Court struck down a California law requiring crisis pregnancy centers to inform their pregnant patients about abortion options. Griffin explains why the majority’s decision can only be read as a strong anti-choice signal that will only grow stronger with Justice Kennedy being replaced.

Meet our Columnists
Vikram David Amar
Vikram David Amar

Vikram David Amar is the Dean and Iwan Foundation Professor of Law at the University of Illinois... more

Neil H. Buchanan
Neil H. Buchanan

Neil H. Buchanan, an economist and legal scholar, holds the James J. Freeland Eminent Scholar... more

Sherry F. Colb
Sherry F. Colb

Sherry F. Colb is the C.S. Wong Professor of Law at Cornell University. Colb teaches courses in... 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

MARCI A. HAMILTON is the Fels Institute of Government Professor of Practice, and Fox Family... more

Joseph Margulies
Joseph Margulies

Mr. Margulies is a Professor of Law and Government at Cornell University. He was Counsel of... more

Austin Sarat
Austin Sarat

Austin Sarat is Associate Provost, Associate Dean of the Faculty and William Nelson Cromwell... more

Lesley Wexler
Lesley Wexler

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