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Harvard Law & Policy Review

June Medical Symposium

Reproductive Chattel: The New Jane Crow

September 4, 2020 by kwalters

By Michele Goodwin* In 2000, nations throughout the world agreed to participate in the United Nations Millennium Development Goals (MDGs). One of the key objectives specifically targeted reducing pregnancy-related deaths. Nearly two dozen international organizations and 191 member state nations publicly committed to achieve eight goals, among them reducing maternal … [Read more...] about Reproductive Chattel: The New Jane Crow

Why Whole Woman’s Health’s Balancing Test Still Applies After June Medical

August 24, 2020 by bhorton

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

Abortion After June Medical

August 19, 2020 by kwalters

By Mary Ziegler* The Supreme Court’s decision in June Medical Services v. Russo was more than a little ironic. Chief Justice Roberts’s controlling concurrence read as a celebration of stare decisis, the principle that the Court should usually defer to its past decisions. And yet Roberts upended precedent. If Roberts’s concurrence becomes the standard for testing the … [Read more...] about Abortion After June Medical

Winning by Losing: Chief Justice Roberts’s Strategy to Eviscerate Reproductive Rights and Justice

August 10, 2020 by ecooper

By Maya Manian* In June Medical Services v. Russo, the U.S. Supreme Court struck down a Louisiana law that would have shuttered all but one abortion clinic in the state. Unfortunately, that decision came at a steep cost: Chief Justice Roberts wrote a separate opinion in June Medical weakening the legal standard for protecting abortion access and setting forth a road map for … [Read more...] about Winning by Losing: Chief Justice Roberts’s Strategy to Eviscerate Reproductive Rights and Justice

Scientific and Medical Expertise in the Prosecution of Pregnant Women

August 1, 2020 by jkim

By Aziza Ahmed* Among the many important critiques made by reproductive justice (RJ) advocates, a key claim is that “choice” is a myth for poor women seeking reproductive health services. According to RJ advocates and scholars, a combination of laws and social realities—from welfare restrictions to discrimination in the hospital setting—have made it nearly impossible for … [Read more...] about Scientific and Medical Expertise in the Prosecution of Pregnant Women

Reproductive Injustice and COVID-19

July 21, 2020 by bhorton

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

Symposium: Regulating Reproduction After June Medical and During COVID-19

July 21, 2020 by kwalters

By Rachel Rebouché* I am delighted to introduce this online symposium on current issues related to the regulation of reproductive health. This month, the Harvard Law & Policy Review will showcase four essays that explore racial disparities in reproductive health care, criminal prosecution of prenatal behavior, and the future of constitutional abortion rights. The … [Read more...] about Symposium: Regulating Reproduction After June Medical and During COVID-19

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