By Bradley Silverman* With voting underway and election rules being challenged in courts across the country, fears of another Bush v. Gore are on the rise. As state courts and officials in Pennsylvania, North Carolina, Minnesota, Texas and elsewhere modify state election rules to accommodate the unprecedented challenges that COVID-19 has presented, some argue that their … [Read more...] about The Originalist Case For Letting State Courts and Officials Alter State Election Rules
By David S. Cohen* What’s the test in lower court cases challenging abortion restrictions? Is it the burdens versus benefits balancing test from Whole Woman’s Health v. Hellerstedt? Or is it the substantial obstacle test, with no balancing, from Chief Justice Roberts’ concurring opinion in June Medical v. Russo? This is the burning question in the post-June Medical world. … [Read more...] about Why Whole Woman’s Health’s Balancing Test Still Applies After June Medical
By Seema Mohapatra* In the midst of a global pandemic and horrifying examples of police injustice, the Supreme Court added to the pain by delivering several blows to reproductive justice in the last few weeks. Although June Medical v. Russo was a technical victory, the dissenting and concurring opinions, written by five men, make it clear that the majority of the Court seeks … [Read more...] about Reproductive Injustice and COVID-19
By Mason Marks* The COVID-19 pandemic is triggering a national mental health crisis. Millions may experience prolonged grief due to the loss of friends or family, depression from unemployment and social isolation, and post-traumatic stress disorder from working on the frontlines as healthcare providers or undergoing treatment as patients. Our healthcare system is … [Read more...] about Drug Regulation for the COVID-19 Mental Health Crisis
By Ben Horton* A few weeks ago, Professors Jack Goldsmith and Andrew Keane Woods ignited controversy by suggesting in the Atlantic that China was right and America was wrong about internet censorship and surveillance. This seemingly contrarian stance rubbed people the wrong way, especially given reports that China’s online censorship delayed their response to COVID-19 and … [Read more...] about Online Censorship Is Unavoidable—So How Can We Improve It?
By Matthew J. Razzano* When you hear the phrase “structural inequality” you might not immediately think of payments systems. The choice of whether to purchase a television or a meal with cash or a credit card might not feel like a monumental decision, but it has significant economic consequences because balancing the interests of credit card companies, merchants, and … [Read more...] about Payment Systems and Inequality: Balancing Consumer Interests with Convenience
By Swapna Reddy, Shetal Vohra-Gupta, April Shaw, Nina Patel, Liana Petruzzi* As U.S. states elevate restrictions to contain the spread of coronavirus, many have enacted measures to restrict “nonessential” surgeries and procedures during the COVID-19 pandemic. Following Texas and Ohio’s leads, several states (Alabama, Iowa, Oklahoma, and Mississippi) have used these … [Read more...] about Reproductive Rights in the Time of COVID-19: State Directives Exploiting a Public Health Crisis