Reproductive rights

The Supreme Court’s next abortion case

September 6, 2013

Supreme Court A gloomy forecast, by Linda Greenhouse: Justice Anthony M. Kennedy, author of the 5-to-4 opinion in June that struck down the Defense of Marriage Act, may well be a hero to the gay rights community, and deservedly so. But he’s also the author of the 5-to-4 opinion that upheld the federal ban on […]

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New issue for Supreme Court: Can private businesses claim religious exemptions?

August 16, 2013

It now seems almost certain that something I predicted in December will occur: within the coming year, the Supreme Court will decide whether private, for-profit businesses can claim a religious opt-out from a generally applicable law based on the religious beliefs of the owners. If the Court rules that such a claim is permissible, there will […]

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Almost 60 religious exemption claims fill federal courts

June 3, 2013

The question of whether religiously affiliated nonprofit organizations and commercial businesses owned by conservative religious individuals must comply with the mandate in the health reform law that requires health insurance plans to cover contraception without a co-pay is playing out in 59 pending federal court lawsuits. In each, the plaintiff employers are arguing that the […]

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Abortion restrictions heading to Supreme Court

May 29, 2013

A good summary of the issues that the next round of abortion-related cases in the Supreme Court will probably involve, by Jeffrey Toobin in The New Yorker blog: …The Court may agree to hear one or more abortion cases in its next term. For the most part, these cases have their roots in the Republican […]

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Sexual liberty and equality

May 5, 2013

Following is the essay I presented at the January ACS Conference at UCLA on the 40th anniversary of Roe v. Wade and the 10th anniversary of Lawrence v. Texas. The piece is now posted at UCLA Law Review Discourse, where you can also download it in pdf – We, the people, declare today that the […]

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The contraceptive insurance mandate: At high risk in the 10th Circuit?

April 3, 2013

The health reform legislation enacted in 2010 requires workplace health insurance plans to include coverage for contraceptives. In a massive mobilization, more than 40 lawsuits have been filed in federal courts around the country challenging that provision. A number of plaintiffs in these suits are commercial, secular businesses, whose owners claim that they should be […]

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