Tag Archives: Abortion

Texas Strikes Out Again: Federal Court Halts Enforcement of Yet Another Unconstitutional Anti-Abortion Law

SMU Dedman School of Law professor Joanna L. Grossman comments on a recent decision by a federal court in Texas permanently enjoining the State of Texas from enforcing an unconstitutional anti-abortion law. Grossman provides a brief background of both Texas and the law at issue and explains why the federal court struck it down. Grossman points out that the clear weight of Supreme Court jurisprudence supports the district court’s reasoning and decision.

A Tax Deduction for Unborn Children: Should Pro-Choice Advocates Have Worried?

Cornell University law professor Sherry F. Colb considers a provision of the proposed statute in the House version of the latest tax reform bill that would have allowed expectant parents to take a tax deduction on college fund investments for their offspring. Colb notes the negative response to this provision among pro-choice advocates as a result of how the provision’s language equates a fetus with a child. While acknowledging the worry among abortion rights proponents that such wording might provide a legal foundation for future attempts to restrict women’s rights to terminate their pregnancies, Colb counters this concern by explaining why it is unlikely that the language in the tax bill would have any effect on the legal status of abortion.

The Lessons of Sex-Selection Abortion

Cornell University law professor Sherry F. Colb reviews Sital Kalantry’s book Women's Human Rights and Migration: Sex-Selective Abortion Laws in the United States and India. Colb explains how the book taught her a new way to think about an area in which Colb herself already has extensive knowledge. Colb praises Kalantry for taking an empirically supported look at the practice of sex-selection abortions in the United States and elsewhere and for drawing sophisticated conclusions about the proper place for regulation on the basis of that scrutiny.

The Handmaid’s Tale—Junior Version

SMU Dedman School of Law professor Joanna L. Grossman analogizes a situation in the present United States to the dystopic circumstances of The Handmaid’s Tale. In each, Grossman points out that men have taken upon themselves the right and responsibility to mandate what women may (and must) do during pregnancy, despite what are indisputably their constitutional rights.

Can Texas Require Separate Insurance Coverage For Abortion?

Cornell University law professor Sherry F. Colb considers a recently passed Texas law that will require people who want insurance coverage for non-emergency abortions to buy an additional, separate policy from their regular health insurance policy. Colb explains that proponents of the law argue that individuals should not have to fund practices with which they fundamentally disagree, but she points out that many taxpayers provide funding for government activities with which they fundamentally disagree and this situation is arguably no different from those.

California Considers Bill to Regulate (But Not Prohibit) Child Marriage

Cornell University law professor Sherry F. Colb comments critically on a California bill that would regulate (but not prohibit) child marriage. Colb argues that the law, which in its current proposed form would allow parents and courts to give consent for a minor child to marry, disregards important norms about children’s rights and the importance of real consent to a sexual relationship.

Texas House Approves a Doomed Abortion Law: Why?

Cornell University law professor Sherry F. Colb discusses legislation recently approved by the Texas House that will almost certainly be struck down as unconstitutionally restricting women's right to seek an abortion prior to fetal viability. Colb explains that the legislation is more speech than it is law and discusses some possible reasons the state would want to “speak” in this manner.

Texas Moves Toward Abolishing Wrongful Birth Suits

Cornell University law professor Sherry F. Colb comments on a Texas bill currently under consideration that would eliminate the “wrongful birth” cause of action. Colb defines wrongful birth and points out that while its opponents argue that it encourages abortion, it actually encourages forthrightness and honesty among physicians, which should already be the standard of conduct. In fact, Colb argues, it is not the availability of a lawsuit that “encourages” abortion so much as the fact of the severe disability and the toll that this could take on their lives as well as on the life of the child whose birth is under consideration.

What Women Are Not Getting for Valentine’s Day This Year: Access to Reproductive Health Care Under the Trump Administration

SMU Dedman School of Law professor Joanna L. Grossman discusses the grave risks to women’s health under the Trump Administration, both within the United States and worldwide. Grossman explains the unprecedented breadth of President Trump’s executive order reinstating what is known as the “global gag rule” and vastly expanding its scope.

Federal Judge Buries Unconstitutional Texas Law on the Treatment of Fetal Remains

SMU Dedman School of Law professor Joanna Grossman explains how taxpayers end up paying for legislators to pass clearly unconstitutional laws and for the state to defend those laws in court. Specifically, Grossman discusses Texas laws attempting to restrict access to abortion and attempting to mandate the burial or cremation of fetal remains, both of which have been struck down as unconstitutional.

Defending a Texas Rule Requiring Fetal Burial or Cremation

Writing from the perspective of a pro-life activist, Cornell University law professor Sherry F. Colb considers the merits of a Texas rule that would require hospitals and clinics to bury or cremate the remains of embryos and fetuses resulting from terminations or miscarriages that take place in their facilities. From this perspective, Colb acknowledges that the rule might reasonably be interpreted to be consistent with Supreme Court precedent; she writes from her true (pro-choice) perspective in an accompanying blog post.

When is Self-Abortion Murder? Lessons of a Tragedy

Cornell University law professor Sherry F. Colb comments on a recent situation in which a Tennessee woman was charged with attempted murder for trying unsuccessfully to terminate her pregnancy with a coat hanger at 24 weeks. Colb explains why attempted murder doesn’t seem to be an appropriate charge in this situation, and she explains the role that policies put forth abortion opponents might have played in forcing the woman to attempt an abortion in this manner.

Ohio’s Six-Week Abortion Ban Bill and the Future of Roe v. Wade

Cornell University law professor Michael C. Dorf explains why a group of legislators in Ohio recently voted to adopt a law that prohibits abortion of any fetus with a “detectable heartbeat”—around six weeks after conception—in clear violation of the U.S. Supreme Court’s 1973 holding in Roe v. Wade. Dorf describes what a “Trump Court” might do (and what it might not do) with respect to this Ohio law and others like it.

How Zika May Affect Our Thinking About Abortion

Cornell University law professor Sherry F. Colb considers whether the termination of Zika pregnancies might affect our thinking about abortion. Specifically, Colb asks (1) whether it is right to end a pregnancy because the baby would be severely disabled if brought to term, and (2) whether it is right at all to take the life of a fetus late in pregnancy, given that birth defects caused by Zika are not detectable by ultrasound until late in pregnancy.

Mike Pence’s Abortion Law

Cornell University law professor Sherry Colb comments on the Indiana abortion law that Donald Trump’s chosen running mate, Mike Pence, signed into law as governor of that state. Colb explains the different reasons that women have for terminating their pregnancies and argues that while some of the reasons women actually choose abortion might be repugnant to some of us, that should not undermine their right to make that choice.

The TRAP Door Closes: The Supreme Court Invalidates Texas’s HB 2, Which Unduly Burdens Access to Abortion

SMU Dedman School of Law Professor Joanna Grossman comments on the U.S. Supreme Court’s recent decision in Whole Woman’s Health v. Hellerstedt, in which the Court struck down certain restrictions on abortion clinics that imposed an undue burden on women’s constitutional right of access to abortion. Grossman describes the history of abortion access in the United States and how the Court’s decision in Whole Woman’s Health fits within that history.

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 Co... more

Neil H. Buchanan
Neil H. Buchanan

Neil H. Buchanan is an economist and legal scholar and a Professor of Law at The George Washington U... more

Sherry F. Colb
Sherry F. Colb

Sherry F. Colb is Professor of Law and Charles Evans Hughes Scholar at Cornell University. Colb tea... more

John Dean
John Dean

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

Michael C. Dorf
Michael C. Dorf

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

Marci A. Hamilton
Marci A. Hamilton

Marci A. Hamilton is one of the country’s leading church-state scholars and the Fox Professor of Pra... more

David S. Kemp
David S. Kemp

David S. Kemp is an attorney and managing editor at Justia. He received his B.A. in Psychology from... more

Joseph Margulies
Joseph Margulies

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

Anita Ramasastry
Anita Ramasastry

Anita Ramasastry is the UW Law Foundation Professor of Law at the University of Washington School of... more

Ronald D. Rotunda
Ronald D. Rotunda

Ronald D. Rotunda is the Doy & Dee Henley Chair and Distinguished Professor of Jurisprudence, at... more