Tag Archives: Texas
Governor Greg Abbott’s Unconstitutional War on Trans Children (and Their Parents)

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.

I Am for States’ Rights but Only in California, Massachusetts, New York….

Amherst professor Austin Sarat argues that the Texas Supreme Court has consistently advanced a “mean-spirited” version of federalism that is the antithesis of what the Founders wanted. Professor Sarat points out that the mean-spiritedness was on display when the Texas legislature enacted S.B. 8, which does not allow legal abortions in cases of rape or incest, and when the state supreme court upheld the enforcement of that law.

Who’s a Bounty Hunter? How the Supreme Court’s Own Standing Precedents Answer the Effort to Normalize Enforcement Outsourcing in the Texas Abortion Case

Cornell law professor Michael C. Dorf explains why the concern expressed by Justice Sonia Sotomayor in her dissent in the Texas abortion case (Whole Woman’s Health v. Jackson) that other states will follow Texas’s example and employ “private bounty hunters” is well founded and legitimate.

Dobbs v. Jackson Women’s Health Organization: The Supreme Court Is No Safe Haven for Abortion Rights

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.

Texas SB8: A Cooperative Venture for Rapists and the State of Texas

In light of next week’s oral argument in a high-profile case involving the federal government’s challenge to a restrictive Texas abortion law, Cornell Law professor Sherry F. Colb explains what we can learn from the law’s failure to grant an exception to its near-absolute prohibition against abortion for pregnancies that result from rape or incest. Professor Colb argues that by refusing to permit the women of Texas to terminate pregnancies resulting from rape and by simultaneously allowing lawsuits against those assisting such terminations, the state of Texas deputizes a rapist to forcibly impose an entire pregnancy upon the victim of his choice.

The Supreme Court’s Authority is at Stake in the Texas Abortion Case

Cornell Law professor Michael C. Dorf argues that even the procedural issues presented in the federal government’s challenge to Texas’s restrictive abortion law are high stakes. Professor Dorf argues that the procedural question fundamentally asks whether the U.S. Supreme Court will permit state-sanctioned lawlessness.

Shame on Texas: Playing Ping-Pong with the Lives of Pregnant People

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.

Abortion in Texas and Middle-School Bullying

Cornell Law professor Sherry F. Colb describes how Texas’s abortion statute SB8 is similar to middle-school bullying in the way that it scares everyone into persecuting or shunning anyone who associates with a woman seeking an abortion. Professor Colb explains that by creating “untouchables,” the law compels everyone—even those who are not opposed to abortion—to avoid having anything to do with a woman who has had or is seeking to have an abortion.

Texas’s Extreme Abortion Law Threatens Girls’ Lives

University of Pennsylvania professor Marci A. Hamilton describes how Texas’s extreme anti-abortion law threatens the lives of female children in that state. Professor Hamilton argues that the law is effectively encouraging citizens to engage in economic trafficking of vulnerable girls, particularly girls who have been subject to sexual predators.

The End of Abortion Rights: Texas Law Provides Grim Glimpse of Future

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.

Would Overruling Roe v. Wade Retroactively Reanimate “Zombie” Abortion Laws?

Cornell Law professor Michael C. Dorf discusses an often overlooked procedural aspect related to Texas’s extreme anti-abortion law that could result in “zombie” laws taking effect in every other red state. Professor Dorf argues that there are several reasons to hope that a state scheme to retroactively enforce zombie abortion laws would fail, even if the Supreme Court curtails or eliminates the abortion right itself, not the least of which is that retroactive application of zombie laws is fundamentally unfair.

Texas Plays Chess with Pro-Choice Pawns

Cornell Law professor Sherry F. Colb comments on a blatantly unconstitutional Texas anti-abortion law that the U.S. Supreme Court recently declined to enjoin, pointing out the unusual structure of the legislation and the hypocrisy of “conservatives” who support it. Noting from the outset that the so-called heartbeat to which the legislation refers is not from an actual heart, but pulsing, undifferentiated cells, Professor Colb highlights the hypocrisy of so-called conservatives who favor insulating most civil defendants from suit while inviting nearly anyone to sue for “aiding and abetting” performance of an abortion.

New Texas Abortion Statute Raises Cutting-Edge Questions Not Just About Abortion but About the Relationship Between State and Federal Courts

Illinois Law dean Vikram David Amar and professor Jason Mazzone analyze some of the issues presented by a new Texas anti-abortion statute that is to be enforced entirely by private plaintiffs. Dean Amar and Professor Mazzone explore the unusual characteristics of the law and describe some approaches opponents might take—and indeed Whole Woman’s Health (WWH) has already filed a lawsuit in federal court that seems to follow an approach the authors describe.

Let’s Talk About Sex, Baby: State Representative Ana-Maria Ramos Introduces Bill to Repeal Parental Consent Requirement for Birth Control

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.

Letting His Hair Down: Why a School District in Texas Is Wrong to Deprive a Male Student of an Education Because of the Length of His Hair

SMU Dedman School of Law professor Joanna L. Grossman and Duke law professor Katharine T. Bartlett explain why a public school district in Texas violated both the federal Constitution and Title IX by having (and enforcing) a hair-length policy for boys but not for girls. Grossman and Bartlett describe the facts of the case and the legal landscape for sex-specific dress and appearance policies before concluding that the school district’s decision to enforce the policy was not only poor judgment but illegal.

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.

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.

“Deadly Deliveries”: USA Today Report Sheds Disturbing Light on Shocking Rates of Maternal Mortality in the United States

SMU Dedman School of Law professor Joanna L. Grossman discusses the findings of a recent USA Today investigation that reveals that maternal mortality rates in the United States are rising, even as they fall globally. Grossman explains that some states, such as California, have put substantial resources into investigating the causes of maternal mortality and implementing changes to address it, while other states, such as Texas, are adhering to ideologically driven policies that endanger infant and maternal health.

Is the Winner-Take-All Method States Use to Select Presidential Electors Legally Vulnerable?

In this second of a two-part series of columns, Illinois Law dean and professor Vikram David Amar evaluates the major constitutional and statutory voting rights claims asserted in the federal challenge to Texas’s use of the so-called Winner-Take-All approach to selecting the state’s representatives to the Electoral College. Amar explains why he finds both types of arguments set forth in the complaint largely unpersuasive.

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

Lesley Wexler
Lesley Wexler

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