Mary Ziegler

1 week ago | msmagazine.com | Mary Ziegler

In 2022, the Court undid a constitutional right for the first time by declaring that the U.S. Constitution does not confer a right to abortion in the landmark decision Dobbs v. Jackson Women’s Health Organization. In a decision this week called United States v. Skrmetti, they’ve taken the next step, extending the logic of Dobbs and destabilizing much of the law on sex discrimination.

1 week ago | msnbc.com | Mary Ziegler

Earlier this week, the Supreme Court upheld Tennessee’s ban on gender-affirming for minors. The 6-3 ruling is a major blow to transgender rights, including in the dozens of states with similar bans already enacted. To a striking degree, the majority’s analysis— and the opinions of several concurring justices — relied on cases that restricted another right: the right to choose abortion. This week’s holding shows how the fallout from the end of Roe v. Wade extends far beyond abortion. The case, U.S. v.

2 weeks ago | slate.com | Mary Ziegler

Sign up for the Slatest to get the most insightful analysis, criticism, and advice out there, delivered to your inbox daily. The Trump administration recently weighed in on emergency abortions, undoing Biden-era guidance that interpreted a federal law to require states to allow life- and health-preserving care, even if those states . But what precisely states must do under the new version of the guidance isn’t clear, and that’s by design.

3 weeks ago | msnbc.com | Mary Ziegler

In a major move on abortion policy, the Trump administration just withdrew Biden-era guidance on emergency abortions. The guidance had interpreted the Emergency Medical Treatment and Labor Act (EMTALA) as requiring access to abortion in certain medical emergencies, even in places where abortion is a crime. The revocation by the Centers for Medicare and Medicaid is unlikely to help hospitals and doctors who were already unsure how EMTALA would be interpreted or enforced.

3 weeks ago | statecourtreport.org | Alicia Bannon |Mary Ziegler |Julia R. Livingston |Diana Kasdan

This month marks the third anniversary of Dobbs v. Jackson Women’s Health Organization,in which the Supreme Court overturned Roe v. Wade and held that there was no federal constitutional right to abortion. The Court said it was returning decisions about abortion regulation “to the people and their elected representatives.” Strikingly, the decision didn’t mention state courts.