upheld a Mississippi abortion ban and overturned the constitutional abortion right established nearly 50 years ago in Roe v. Wade, setting the stage for a widespread rollback of abortion rights in many statehouses around the country. Here, Law360 looks at the impact of the court's decision.
Ohio Abortion Docs Say Licensing Rules Flout Due Process
By Eric Heisig | August 1, 2022
Two southwest Ohio abortion surgical centers are asking a federal judge to rule that the hoops they have to jump through to maintain their licenses are unconstitutional, saying the requirements are not the same as those for clinics that do not provide such services.
Sotomayor, Barrett Liken Court To 'Family' Despite Leak
By Jimmy Hoover | August 1, 2022
The unprecedented leak in May of the draft ruling overturning the constitutional right to abortion rocked the U.S. Supreme Court and the larger political world, but Justices Sonia Sotomayor and Amy Coney Barrett insisted during a joint appearance days later that the personal goodwill among the justices is like that of a "family" or "marriage."
Insurers Must Provide Contraception, Biden Admin. Warns
By Lauren Berg | July 28, 2022
Health insurance plans must provide patients with birth control and other contraceptives at no extra cost, the Biden administration warned providers, following a U.S. Supreme Court ruling last month that overturned the right to abortion.
Alito Sees Threat To Religious Liberty In 'Secular Society'
By Jimmy Hoover | July 28, 2022
Justice Samuel Alito, coming off perhaps his most significant term since he joined the U.S. Supreme Court, gave a recent speech in Italy in which he called on religious liberty advocates to become more proactive in protecting religious exercise.
Dobbs Inspires Some Law School Hopefuls To Head For Battle
By Jack Karp | July 26, 2022
Where aspiring attorneys choose to apply to law school next year is already being affected by states' new abortion restrictions, but not necessarily how some might expect.
Inside A BigLaw-Boutique Alliance Tackling A Post-Roe World
By Jeff Overley | July 22, 2022
A new and fast-growing coalition of BigLaw and boutique firms is steeling itself for "a decadeslong fight" to protect patients and providers from legal jeopardy after U.S. Supreme Court conservatives eliminated the constitutional right to abortion, an attorney spearheading the alliance told Law360 in an expansive interview.
After Dobbs: Abortion Battles Hit The Courts, Soon The Polls
By Hannah Albarazi | July 22, 2022
While judges across the country weigh whether state-level abortion bans can take effect, Democratic lawmakers in Congress are attempting to pass legislation to protect a host of rights they say are in jeopardy in the wake of the U.S. Supreme Court's month-old decision to overturn Roe v. Wade.
House Passes Contraceptive Bill Post-Dobbs
By Adam Lidgett | July 21, 2022
The U.S. House of Representatives pushed through proposed legislation Thursday to enshrine the right to contraception into law, which Democrats have pushed for in the wake of the Supreme Court's decision overturning Roe v. Wade and constitutional protections for abortion.
11th Circ. Lifts Block On Ga. Abortion Ban Law
By Rosie Manins | July 20, 2022
The Eleventh Circuit lifted a block on Georgia's controversial abortion prohibition statute and remanded a case challenging the law to a district court for a judgment in the state's favor.
Groups Urge DHS To Safeguard Abortion Care For Migrants
By Rae Ann Varona | July 20, 2022
More than 150 civil rights groups called on the Biden administration to ensure that migrants arrested for accessing abortion-related health care, following the U.S. Supreme Court's recent decision upending the constitutional right to abortion, would not consequently be deported or barred from immigration relief.
NJ Announces Alliance With Feds To Protect Abortion Access
By Hayley Fowler | July 20, 2022
Acting New Jersey Attorney General Matthew J. Platkin and U.S. Attorney for the District of New Jersey Philip R. Sellinger announced plans to join forces in the Democratic-controlled state's fight to protect abortion access after the U.S. Supreme Court's decision last month overturning Roe v. Wade.
Foley Hoag Starts Reproductive Health Unit In Wake Of Dobbs
By Chris Villani | July 19, 2022
Following the U.S. Supreme Court decision overturning Roe v. Wade, Foley Hoag LLP has formed a new reproductive health care practice group aimed at helping companies, providers, insurers and other organizations navigate the legal landscape.
House Passes Marriage Equality Bill In Post-Dobbs Push
By Jzmes Arkin | July 19, 2022
House Democrats are moving legislation this week to enshrine marriage equality and the right to contraception into law, aiming to legislatively protect rights they say are in jeopardy in the wake of the Supreme Court's decision overturning Roe v. Wade and constitutional protections for abortion.
AMA President Says Doctors Facing Uncertainty Post-Dobbs
By Britain Eakin | July 19, 2022
Doctors are concerned about facing criminal charges for providing stabilizing abortion care in emergency situations amid the murky legal landscape that has emerged since the U.S. Supreme Court erased the constitutional right to abortion, the American Medical Association's president told a House panel.
Democrats Renew Call To Expand Supreme Court Post-Dobbs
By James Arkin | July 18, 2022
A group of Democratic lawmakers and left-leaning legal advocates renewed their push for legislation to expand the size of the U.S. Supreme Court, saying the issue has taken on new urgency following a series of rulings from the court's conservative majority on abortion, guns and the environment.
Georgia Says Dobbs Shows State Abortion Ban Is Valid
By Rosie Manins | July 18, 2022
Georgia's governor and attorney general have urged the Eleventh Circuit to void an injunction blocking the state's 2019 abortion prohibition statute, arguing that a case against it can't proceed in the wake of the U.S. Supreme Court decision in Dobbs v. Jackson Women's Health Organization.
2 Dems Urge VPN Data Crackdown After Dobbs Ruling
By Caleb Symons | July 18, 2022
A pair of Democratic lawmakers are asking the Federal Trade Commission to curb "abusive and deceptive data practices" used by virtual private network providers, saying it's difficult for individual consumers to determine which services they can trust to protect their internet activity.
Kavanaugh Murder Attempt Suspect Wants Confession Sealed
By Khorri Atkinson | July 15, 2022
A California man recently charged with attempting to murder U.S. Supreme Court Justice Brett Kavanaugh is urging a Maryland federal court to suppress all statements made to law enforcement, including his alleged confession that he intended to assassinate the jurist over the leaked draft abortion ruling overturning Roe v. Wade.
After Dobbs: The Latest Legal Battle Lines Over Abortion Care
By Hannah Albarazi | July 15, 2022
The war over reproductive rights in the United States didn't end with the Supreme Court's decision to overturn Roe v. Wade. Rather, new battles have ignited in Congress, as well as in courthouses and statehouses across the country.
House Passes Bills To Protect Abortion Rights Post-Dobbs
By Britain Eakin | July 15, 2022
The House of Representatives on Friday passed two bills largely along party lines that would protect abortion rights after the U.S. Supreme Court last month erased nearly 50 years of precedent guaranteeing a constitutional right to abortion by overturning Roe v. Wade.
Can States Legally Ban FDA-Approved Abortion Pills?
By Hannah Albarazi | July 15, 2022
As conservative state governments plow ahead with prohibitions on abortions following the U.S. Supreme Court's reversal of Roe v. Wade, courts are being pressed to decide whether states also have authority to restrict access to the U.S. Food and Drug Administration-approved abortion pill.
Dems Push Biden For Health Emergency On Abortion
By Adam Lidgett | July 14, 2022
President Joe Biden is facing increasing pressure from congressional Democrats to declare emergencies related to reproductive rights, with leaders in the U.S. Senate citing concerns about the recent U.S. Supreme Court decision allowing states to ban abortions.
Texas Sues Feds Over Emergency Abortion Care Guidance
By Britain Eakin | July 14, 2022
Texas sued the U.S. Department of Health and Human Services over guidance it issued earlier this week mandating that doctors are required to perform abortions deemed necessary in emergency situations, regardless of state abortion restrictions.
Pa. AG Pledges To Defend Abortion Access From Other States
By Matthew Santoni | July 14, 2022
Pennsylvania Attorney General Josh Shapiro decried the U.S. Supreme Court's ruling eliminating the federal right to abortion and pledged to use his office's resources to fight any attempts by other states to bring criminal or civil actions against providers or patients in Pennsylvania.
Republicans Block Bill To Protect Interstate Abortion Travel
By Britain Eakin | July 14, 2022
Senate Republicans refused to fast-track a Democratic bill that would protect the right of pregnant people to cross state lines to obtain abortions, and would also shield those who transport them, as well as providers in states where abortion remains legal from lawsuits and prosecution.
Biden's Order On Abortion Compounds GCs' Confusion
By Michele Gorman | July 13, 2022
While President Joe Biden's recent executive order on reproductive health services is largely symbolic in the wake of the recent U.S. Supreme Court decision allowing states to ban abortions, legal experts said general counsel grappling with how to respond should pay close attention to future guidance from federal agencies — and advise their companies to act carefully.
Ariz. Abortion Law Stopped For Now On Vagueness Ground
By Adam Lidgett | July 12, 2022
An Arizona federal judge has blocked for now a state policy giving unborn children the same rights as others in the state, just weeks after the U.S. Supreme Court overturned Roe v. Wade.
Laws Bar Protest Outside Judges' Homes, But Are They Valid?
By Jack Karp | July 12, 2022
Recent protests outside the homes of U.S. Supreme Court justices have led some legislators to push for stricter enforcement of existing laws and the passage of new laws banning such protests, but those laws may not be constitutional, experts say.
Senate Committee Explores Post-Dobbs Abortion Landscape
By Britain Eakin | July 12, 2022
With a murky legal landscape settling in after the U.S. Supreme Court eliminated the constitutional right to abortion, maternal mortality rates will likely rise because of abortion bans while "mass chaos" is already unfolding in emergency rooms, experts told the Senate Judiciary Committee.
Hospitals Must Provide Emergency Abortion Care, Feds Say
By Lauren Berg | July 11, 2022
Federal health officials issued guidance Monday instructing hospitals to continue providing abortion services to patients in all emergency situations, no matter what restrictions their states have passed following the U.S. Supreme Court decision erasing the constitutional right to the procedure.
Durbin Expresses Skepticism About Possible Ky. Judicial Pick
By James Arkin | July 11, 2022
Sen. Dick Durbin, D-Ill., the chairman of the Senate Judiciary Committee, expressed concern over the possible nomination of Chad Meredith, a conservative, anti-abortion attorney whom President Joe Biden had planned to name to a Kentucky judicial vacancy.
After Dobbs, FTC Pledges To Police Sharing Of Sensitive Data
By Bonnie Eslinger | July 11, 2022
Days after President Joe Biden said he would do "everything in his power" to ensure abortion access, including protecting the privacy of individuals seeking reproductive health care services, a Federal Trade Commission official announced the agency is cracking down on the illegal sharing of sensitive medical and location data.
FDA Asked To Make Birth Control Pill Available OTC
By Adam Lidgett | July 11, 2022
A Perrigo Co. unit has asked the U.S. Food and Drug Administration to greenlight a birth control pill it currently sells by prescription for over-the-counter use, a move that comes not long after the U.S. Supreme Court erased the constitutional right to abortion.
Texas Pol Threatens Sidley With Charges Over Abortion Policy
By Dave Simpson | July 8, 2022
The chair of the Texas Freedom Caucus warned Sidley Austin LLP in a letter that the firm could face criminal liability and that its attorneys would be disbarred for aiding employees that need abortions, under legislation they plan to introduce in the next session.
Biden Orders Agencies To Protect Abortion Access
By Adam Lidgett | July 8, 2022
President Joe Biden has told his top health official to take measures to make sure patients have access to safe abortions, like medication abortions, in the wake of the U.S. Supreme Court decision erasing the constitutional right to the procedure.
Biden Planned To Name Anti-Abortion Ky. Judge, Emails Show
By James Arkin | July 6, 2022
President Joe Biden had planned to nominate a conservative, anti-abortion attorney to a new vacancy in the Eastern District of Kentucky the same week the U.S. Supreme Court ultimately ruled to overturn the constitutional right to an abortion, according to newly released emails in response to a public records request.
Texas Justices Allow Enforcement Of Pre-Roe Abortion Ban
By Katie Buehler | July 2, 2022
The Texas Supreme Court allowed the state to enforce a nearly century-old ban on abortion, overturning a lower court that had temporarily frozen enforcement of the law against a group of abortion providers.
Ohio Supreme Court Declines To Block 6-Week Abortion Ban
By Eric Heisig | July 1, 2022
Ohio's high court declined to immediately stop the state from enforcing a Republican-passed law essentially banning abortions after six weeks of pregnancy, rebuffing an initial attempt from clinics to try their arguments in state court following last week's major U.S. Supreme Court ruling.
Google Vows To Delete Abortion Trip Data In Wake Of Dobbs
By Dorothy Atkins | July 1, 2022
A Google executive unveiled a new policy promising to delete user location data related to visits to abortion clinics and other health providers, following calls by Democratic lawmakers for the tech giant to delete data so that prosecutors in states where abortions are illegal can't use it in prosecutions.
NJ Takes On Dobbs With Passage Of Abortion Rights Laws
By Bill Wichert | July 1, 2022
New Jersey Gov. Phil Murphy signed bills designed to protect individuals who visit the state for abortions and their medical providers by shielding patient information and barring extradition for allegedly related crimes in other states following the U.S. Supreme Court's decision eliminating the constitutional right to abortion.
Religious Liberty May Emerge As Tool For Abortion Advocates
By Vin Gurrieri | July 1, 2022
A recent suit by a Florida Jewish congregation arguing that the Sunshine State's controversial 15-week abortion ban trampled its religious rights exemplifies how religious liberty arguments may increasingly be used to fight abortion restrictions, experts say.
Insurance Coverage Questions Abound After Dobbs Decision
By Daniel Tay | July 1, 2022
Abortion's status as a medical procedure in some states and a crime in others will pose a challenge to insurers and policyholders as policies often exclude coverage for criminal acts, meaning significant policy language changes may be needed in the wake of Dobbs v. Jackson Women's Health Organization.
Pro Say & The Term Discuss A Historic Supreme Court Term
By Law360 Staff | July 1, 2022
A U.S. Supreme Court term that by any measure was historic has concluded, and it takes a village of podcasters to untangle everything that happened. So this week, hosts from Pro Say team up with the hosts of The Term to discuss this momentous term.
Tribes, Natives Face 'Uphill Battle' To Get Care Post-Roe
By Andrew Westney | June 30, 2022
The U.S. Supreme Court overturning the constitutional right to abortion is likely to further constrain Native American women's already limited access to abortion and other health care, and another court decision this term backing states' criminal jurisdiction on reservations compounds the complexity tribes face negotiating the post-Roe v. Wade landscape.
Ohio AG Says 6-Week Abortion Ban Should Remain In Place
By Eric Heisig | June 30, 2022
Ohio Attorney General Dave Yost on Thursday urged the state's high court to not block a law that essentially bans abortions after six weeks of pregnancy, saying nothing about Ohio's legislative history suggests that state lawmakers ever intended to grant that right.
HHS Issues Guidance On Abortion Patient Privacy After Dobbs
By Britain Eakin | June 30, 2022
The U.S. Department of Health and Human Services has released guidance on patient privacy after HHS Secretary Xavier Becerra said earlier this week the agency is working to ensure continued access to safe abortion care after the U.S. Supreme Court wiped out the constitutional right to the procedure.
Pro Say: The Thorny Landscape Of Post-Roe Abortion Rights
By Law360 Staff | June 30, 2022
The U.S. Supreme Court's landmark decision to overturn Roe v. Wade is just days old but has already sent shockwaves through a nation scrambling to adjust to a deluge of new state-level restrictions on abortion.
The State Of Abortion Legal Challenges Around The US
By Hannah Albarazi | June 29, 2022
Since the U.S. Supreme Court reversed Roe v. Wade last week with its landmark decision in Dobbs v. Jackson Women's Health Organization, restrictive state abortion bans have seen a wave of legal challenges. Here's what's happened in courthouses across the U.S. post-Dobbs.
Dobbs To Heap Painful Choices On Military Women, Families
By Brandon Lowrey | June 29, 2022
For nearly 30 years, U.S. Air Force veteran Rachel VanLandingham kept secret the unusual order given to her by her commander at the remote Kunsan Air Base in South Korea. The lieutenant was to drive a female colleague to Seoul, several hours away by dangerous roads, and see her through an illegal abortion procedure.
Dobbs Ruling Lays Bare Data Privacy Protection Gaps
By Allison Grande | June 29, 2022
The U.S. Supreme Court's decision to overturn abortion rights has exacerbated long-standing concerns over law enforcement's ability to access the troves of sensitive location and health information tech companies gather, ramping up pressure on businesses and lawmakers to put guardrails on the retention and disclosure of such data.
Ohio Abortion Clinics Turn To State High Court After Dobbs
By Eric Heisig | June 29, 2022
Abortion clinics on Wednesday asked Ohio's highest court to declare that a law in effect that bans most abortions violates the state's constitution, a legal strategy they see as a new path forward following the U.S. Supreme Court's decision to overturn Roe v. Wade.
Atty Who KO'd Ga. Sodomy Law Charts Abortion Rights Path
By Emily Sides | June 29, 2022
After helping to strike down Georgia's anti-sodomy law almost 25 years ago on grounds that it violated the state constitution's privacy protections, Atlanta-based attorney Steve Sadow says he sees similar battle lines forming over abortion restrictions set to go into effect after the fall of Roe v. Wade last week.
GWU Rejects Call To Fire Thomas After Abortion Ruling
By Jack Rodgers | June 29, 2022
Justice Clarence Thomas will remain a professor at George Washington University Law School after university officials rejected calls to terminate him over his controversial concurrence in the U.S. Supreme Court decision overturning the right to abortion in which he questioned the constitutional foundation for other recognized rights, including same-sex marriage and access to birth control.
NJ Lawmakers Pass Post-Dobbs Abortion Rights Measures
By Bill Wichert | June 29, 2022
The New Jersey Legislature on Wednesday sent Gov. Phil Murphy a pair of bills aimed at shielding the disclosure of patient information related to abortions and prohibiting extradition for purportedly related crimes in other states in the wake of the U.S. Supreme Court's decision erasing the constitutional right to abortion.
Del. Judge Voids City's 'Cremate-Or-Inter' Abortion Ordinance
By Gina Kim | June 29, 2022
Days after the U.S. Supreme Court overturned Roe v. Wade, a Delaware judge on Wednesday voided the city of Seaford's ordinance requiring fetal remains resulting from an abortion or miscarriage to be cremated or interred at the patient's expense, finding that the ordinance is preempted by state law.
Paul Weiss, MoFo, 22 Other Firms Staff NY Abortion Hotline
By Rachel Rippetoe | June 28, 2022
Two dozen BigLaw firms, including Paul Weiss Rifkind Wharton & Garrison LLP, Akin Gump Strauss Hauer & Feld LLP and Cleary Gottlieb Steen & Hamilton LLP, have signed on to help with an abortion hotline, offering legal guidance to anyone seeking access to or seeking to provide abortions in New York.
Abortion Access Emerging As Union Issue Post-Roe
By Braden Campbell | June 28, 2022
The ability to access abortions following the U.S. Supreme Court's Dobbs ruling is poised to emerge as a subject of bargaining as unions and employers mull travel assistance, coverage guarantees and other benefits, experts say.
Justice Alito's Former NJ Home Barraged With Hate Mail
By Nick Muscavage | June 28, 2022
Justice Samuel Alito's former New Jersey home is being targeted by hate mail in the wake of the U.S. Supreme Court's Dobbs v. Jackson Women's Health Organization decision, which struck down the constitutional right to abortion.
LGBTQ Bias Surge Expected If Justices Nix Marriage Equality
By Anne Cullen | June 28, 2022
The U.S. Supreme Court's recent ruling extinguishing the constitutional right to abortion has stoked fears that the right to same-sex marriage could be upended too, a reversal employment experts say could cause a spike in the mistreatment of LGBTQ workers.
Becerra Says 'All Options Are On The Table' After Dobbs
By Britain Eakin | June 28, 2022
U.S. Health and Human Services Secretary Xavier Becerra said Tuesday that the agency will do everything it can within the confines of federal law to ensure that women continue to have access to safe abortion care after the U.S. Supreme Court erased the constitutional right to it.
6th Circ. Lifts Block On Tenn. Abortion Restriction
By Adam Lidgett | June 28, 2022
The Sixth Circuit gave Tennessee the green light Tuesday to enforce a law that bars abortions after six weeks, citing the U.S. Supreme Court's recent decision that overturned Roe v. Wade.
Texas Judge Freezes Enforcement Of Pre-Roe Abortion Ban
By Katie Buehler | June 28, 2022
A Texas judge on Tuesday temporarily blocked the state from enforcing a nearly century-old ban on abortion that was deemed unconstitutional in the now-overturned Roe v. Wade decision.
Utah, Louisiana Abortion Bans Blocked, For Now
By Hannah Albarazi | June 27, 2022
Abortion remained legal in Louisiana and Utah on Monday after state court judges granted temporary restraining orders against bans on the procedure that took effect in the two states immediately after the U.S. Supreme Court overturned Roe v. Wade.
Firms Look To Cover Out-Of-State Abortion Care After Dobbs
By Jack Karp | June 27, 2022
A growing number of law firms are offering to cover the costs of out-of-state reproductive care for their employees in the wake of last week's U.S. Supreme Court ruling overturning Roe v. Wade.
GCs Wrangling With Tangled Fallout Of Roe's Demise
By Sue Reisinger | June 27, 2022
The U.S. Supreme Court's decision to allow states to ban abortions — fraught with all the raw emotions attached to this issue — is also fraught with a multitude of legal risks for general counsel and their companies, ranging from possible criminal prosecution to civil suits to high-pressure proxy fights over political spending.
Illinois To Become Abortion 'Oasis' In Wake Of Dobbs Ruling
By Celeste Bott | June 27, 2022
Abortion providers and officials in Illinois are preparing for potential interstate conflict and litigation as they expect a flood of patients to cross the state's borders following Friday's U.S. Supreme Court decision overturning Roe v. Wade that could clear the way for every surrounding state to outlaw the procedure.
From Leak To Decision, Dobbs Majority Didn't Waver
By Jimmy Hoover | June 24, 2022
Justice Samuel Alito's leaked draft striking down Roe v. Wade underwent few substantive changes before becoming the law of land, signaling a unified conservative majority that never wavered even as public outcry over the decision grew.
Dobbs Casts Shadow On Gay Rights, Birth Control
By Brandon Lowrey | June 24, 2022
As other conservative U.S. Supreme Court justices sought to blunt a political firestorm by emphasizing that their decision to overturn women's constitutional abortion rights was not an attack on other rights, like those protecting birth control and same-sex couples, Justice Clarence Thomas made it clear that the door should be wide open.
Abortion Questions Swirl Over Health Attys In Post-Roe World
By Jeff Overley | June 24, 2022
Lawyers for the health care industry's myriad participants — hospitals, pharmacies, telemedicine platforms, investors and more — are fielding countless queries about ethical duties to patients and a minefield of legal risks after the U.S. Supreme Court erased the constitutional right to abortion and allowed states to criminalize the procedure.
Dobbs May Be Just The First Domino, Dissent Warns
By Hannah Albarazi | June 24, 2022
In a scathing and sorrowful dissent, the U.S. Supreme Court's liberal justices warned that the "catastrophic" decision to overturn Roe v. Wade not only strips millions of American women of their constitutional right to abortion but "throws longstanding precedent to the winds" and threatens the very foundation of the U.S. legal system.
Roe Reversal Leaves States To Make Own Abortion Rules
By Nate Beck | June 24, 2022
State and local lawmakers now have new powers to outlaw abortions and punish those who seek or perform the procedure under the U.S. Supreme Court decision that overturned abortion as a constitutional right.
Biden Urges Congress To Undo High Court's 'Tragic Error'
By Khorri Atkinson and James Arkin | June 24, 2022
President Joe Biden called the U.S. Supreme Court's decision overturning abortion rights a "tragic error" and called on Congress to codify abortion protections into law.
What Employers Should Do Now That Roe Has Fallen
By Amanda Ottaway and Kellie Mejdrich | June 24, 2022
The U.S. Supreme Court's decision to overturn Roe v. Wade presents major challenges for employers and health plans, experts say. Here are five things employers should do right now following the decision in Dobbs v. Jackson Women's Health Organization.
The Term: 50 Years Of Abortion Rights, Overturned
By Law360 Staff | June 24, 2022
The U.S. Supreme Court overturned Roe v. Wade and upheld a Mississippi law banning abortions after 15 weeks of pregnancy. In this special episode, Law360's The Term breaks down the historic ruling and its potential impacts.
Supreme Court Overturns Roe v. Wade
By Jimmy Hoover | June 24, 2022
The U.S. Supreme Court upheld a Mississippi abortion ban and overturned the constitutional abortion right established nearly 50 years ago in Roe v. Wade, setting the stage for a widespread rollback of abortion rights in many statehouses around the country.
The Attys Who Took America To Abortion Rights Turning Point
By Jeff Overley and Britain Eakin | June 23, 2022
America arrived at its current crossroads for abortion rights after a 50-year odyssey of unrelenting litigation shaped by lawyers from all walks of legal life. With U.S. Supreme Court conservatives poised to curtail those rights, Law360 looks at attorneys whose arguments during the past half-century changed the course of a profound cultural debate.
Senate OKs $19 Million For High Court Security, US Marshals
By James Arkin | June 23, 2022
The Senate unanimously approved $19.4 million in supplemental funding for Supreme Court security just a week after President Joe Biden signed into law expanded protections for justices' family members, amid concerns about security following the leak of a draft opinion that would overturn the longstanding precedent of Roe v. Wade.
Judicial Security Bill Blocked In Senate
By James Arkin | June 16, 2022
An attempt by two Democratic senators to pass legislation to protect judges' personal information online failed as Sen. Rand Paul, R-Ky., objected to the bill if it did not include his proposed amendment adding similar protections for those in Congress.
GOP Sens. Want Protesters Outside Judges' Homes Charged
By Hailey Konnath | June 15, 2022
Senate Minority Leader Mitch McConnell and other Republican senators pressed Attorney General Merrick Garland to prosecute protesters who gather outside of judges' homes, calling it "an urgent matter of national importance."
More Than 60 Cos. Say Reversing Roe Is 'Against Our Values'
By Michele Gorman | June 15, 2022
Lyft Inc., Levi Strauss & Co. and Ben & Jerry's Homemade Holdings Inc. are among the dozens of companies that have signed a statement saying abortion restrictions "go against" their values and "are bad for business," as the fate of the constitutional right to abortion established nearly 50 years ago remains in question.
House Passes Bill To Increase Security For Justices, Families
By Ryan Boysen | June 14, 2022
The U.S. House of Representatives sent a bill to President Joe Biden's desk that enhances security measures for sitting U.S. Supreme Court justices and their families, acting just days after a man with a gun was arrested near Justice Brett Kavanaugh's home.
GOP Eyes Tax Changes As Roe Hangs In Balance
By Asha Glover | June 13, 2022
Republicans could push to implement changes in the tax code that would restrict access to abortion and incentivize childbirth if the U.S. Supreme Court overturns Roe v. Wade and the GOP regains control of Congress and the White House.
Armed Man Charged With Attempted Murder Of Kavanaugh
By Jimmy Hoover | June 8, 2022
A man who allegedly threatened to kill Justice Brett Kavanaugh was charged after being arrested near the justice's home with a weapon and kidnapping materials, allegedly telling police he was upset with the leaked draft abortion ruling and the recent mass shooting in Uvalde, Texas.
LGBTQ Legal Groups Gear Up For More Battles Post-Dobbs
By Parker Purifoy | June 3, 2022
When a draft decision of Dobbs v. Jackson Women's Health Organization was leaked, reproductive rights advocates leapt into action, while civil rights advocates began ringing alarm bells over the future of their movements as legal experts examined how the drafted decision could ripple far beyond the topic of abortion.
Dobbs Draft Hints At Bold Court With Harvard Case On Deck
By Chris Villani | June 1, 2022
Like the plaintiffs in Dobbs, anti-affirmative action group Students for Fair Admissions is looking to flip decades of top court precedent at a time when the court's conservative supermajority appears willing to swing big and bring about major societal change.
High Court Clerks Facing New Scrutiny In Leak Probe
By Jimmy Hoover | May 31, 2022
U.S. Supreme Court Marshal Gail Curley has reportedly demanded phone records and affidavits from law clerks as she continues her investigation into the leaked opinion that would overturn abortion rights — a development that puts these elite young lawyers in an uncomfortable position at the busiest time of the court's term.
Fla. GOP's Abortion Ban Bid Faces Privacy Law Clash
By Carolina Bolado | May 27, 2022
Republican state legislators in Florida said recently that they plan to introduce bills banning abortion in next year's session, but experts say they will have to navigate around the explicit right to privacy that voters added to the state constitution four decades ago.
Dems Urge Google CEO To Protect Abortion Patients' Data
By Dorothy Atkins | May 24, 2022
Dozens of Democratic federal lawmakers urged the CEO of Google parent Alphabet Inc. on Tuesday to stop collecting users' location data, arguing that conservative prosecutors could use that information to go after women seeking abortions if the U.S. Supreme Court overturns Roe v. Wade.
Public Will Move Past Leak, Even If Supreme Court Won't
By Jimmy Hoover | May 23, 2022
To hear the justices tell it, the leak of Justice Samuel Alito Jr.'s draft ruling gutting abortion rights is an existential threat to the U.S. Supreme Court. But experts say that the legitimacy of the institution in the eyes of the public has far more to do with the substance of the leak than any broken institutional norms.
How Federal Workplace Law Could Apply In A Post-Roe World
By Amanda Ottaway | May 20, 2022
If the U.S. Supreme Court strikes down Roe v. Wade, existing federal employment statutes would provide patchwork protections for employees who want to terminate their pregnancies but live in states that ban abortion. Here, Law360 explores how existing federal employment laws might come into play for workers who want abortions but can't get them in their home state.
AG Moves To Bolster High Court Security Amid Leaked Draft
By Lauren Berg | May 18, 2022
Attorney General Merrick B. Garland denounced threats of violence directed at U.S. Supreme Court justices and took steps to address security at the high court in the wake of a leaked draft opinion that indicated the court could be poised to overturn Roe v. Wade.
Dem Support To Expand High Court Grows After Draft Leak
By Khorri Atkinson | May 13, 2022
Efforts by congressional Democrats to expand the U.S. Supreme Court from nine to 13 members have gained support from some prior holdouts in the House following the leak of a draft opinion indicating the court would overturn the landmark 1973 Roe v. Wade ruling.
ABA Calls For Better Security For High Court, Federal Bench
By Hailey Konnath | May 12, 2022
The American Bar Association urged Congress to pass several measures that would bolster security for all federal judges, the latest push for more protection as public protests ramp up in the wake of the leaked U.S. Supreme Court draft opinion on overturning Roe v. Wade.
Supreme Court Ethics Bill Faces Tough Path In Congress
By Justin Wise and James Arkin | May 12, 2022
A push to reform U.S. Supreme Court ethics and recusal standards earned a significant win as the House Judiciary Committee advanced legislation that would require the justices to adopt an ethics code, but opposition from Republicans suggests the bill faces a steep climb through Congress.
The Term: Amid Leak Protests, Justices Get Security Boosted
By Law360 staff | May 12, 2022
This week, Law360's The Term podcast discusses the continued fallout over last week's leaked draft opinion overturning Roe v. Wade, including additional security for justices who are now facing protests of a much more personal nature — outside their homes. Plus, the hosts talk to Skadden's Shay Dvoretzky about his career as a U.S. Supreme Court lawyer.
Could The Dobbs Leak Change Supreme Court Clerkships?
By Cara Bayles | May 11, 2022
The air of suspicion that hangs over the U.S. Supreme Court after the Dobbs draft leak could affect the work of the court's corps of 36 law clerks, and their relationships to the justices and to one another.
DOJ Ups Marshal Security For Justices Amid Roe Protests
By Dave Simpson | May 11, 2022
The U.S. Department of Justice announced it has directed the U.S. Marshals Service to bolster security for U.S. Supreme Court justices in the wake of increased scrutiny and public protests following the leaked draft opinion indicating the court could be poised to overturn Roe v. Wade.
Senate Vote To Codify Roe Abortion Protections Fails
By James Arkin | May 11, 2022
Democrats' push to codify abortion protections into law failed to advance in the Senate, leaving them without a clear path forward in the wake of a leaked draft opinion indicating the U.S. Supreme Court is prepared to overturn the decades-old Roe v. Wade precedent.
Conn. Passes 'Safe Harbor' Law For Abortion, Trans Care
By Patrick Hoff | May 11, 2022
A new Connecticut law is aimed at protecting people who perform or receive an abortion or gender-affirming health care services from legal action in other states, making it one of the first states to enact such measures.
Judge Salas Calls To Revive Stalled Judicial Protections Bill
By Bill Wichert | May 10, 2022
U.S. District Judge Esther Salas, whose son was killed in a shooting at her home, pushed Congress to also pass a stalled judicial protection bill, as the Senate fast-tracked police safeguards for U.S. Supreme Court justices' families in the wake of abortion protests at some of their houses.
Wage & Hour Implications Of US Without Roe
By Daniela Porat | May 10, 2022
If the U.S. Supreme Court overturns Roe v. Wade, women without access to abortion in newly restrictive states may face working conditions less accommodating of the realities of new motherhood such as the need for lactation breaks or paid time off, attorneys said, noting that nonovertime-exempt workers will bear the brunt of lost wages.
Senate Passes Bill To Increase Security For Justices' Families
By James Arkin | May 9, 2022
The Senate unanimously passed legislation to extend security protections to immediate family members of U.S. Supreme Court justices in the wake of increased scrutiny and public protests following the leaked draft opinion indicating the court could be poised to overturn Roe v. Wade.
Employers Weigh Risks, Benefits Of Backing Abortion Access
By Anne Cullen | May 9, 2022
As the U.S. Supreme Court appears poised to let states outlaw abortion, a growing group of major employers, including Tesla, Citigroup and Yelp, have rolled out policies preserving workers' access to reproductive care. While backing abortion rights has obvious benefits, experts say it may carry legal risks.
Justice Thomas Calls Leak A Symptom Of Waning Respect
By Rosie Manins | May 6, 2022
U.S. Supreme Court Justice Clarence Thomas bemoaned an erosion of respect for the court during his 30 years on the nation's highest bench, referencing the leak of a draft opinion indicating that the court will overturn Roe v. Wade.
Without Dissents, Dobbs Draft Is One-Sided Abortion Debate
By Cara Bayles | May 6, 2022
The leak of the draft opinion overturning Roe v. Wade means that the public lacks the benefit of other justices' dissents that may well reframe the case and offer a road map for possible future challenges, leaving Justice Samuel Alito for now as the Supreme Court's singular voice on the future of the constitutional right to an abortion.
Overturning Roe Could Damage Workplace Gender Equity
By Amanda Ottaway | May 6, 2022
A U.S. Supreme Court ruling that grants states the power to restrict abortion could worsen the existing gender pay gap and undermine gender equity in the workplace, experts say. Here's a look at the impact overturning the landmark Roe v. Wade decision could have on women at work.
Pro Say: How The End Of Roe May Roll Back Civil Rights
By Law360 staff | May 6, 2022
The leaked draft U.S. Supreme Court opinion overturning the landmark Roe v. Wade decision rocked the legal world this week. Kathryn Kolbert, a reproductive rights attorney, joins Pro Say to discuss the wide-ranging implications for not just abortion access, but issues like birth control, gay marriage and other civil rights.
Roberts Defends Supreme Court Staff After 'Appalling' Leak
By Rosie Manins | May 5, 2022
U.S. Supreme Court Chief Justice John G. Roberts Jr. advocated for his court's "extremely dedicated" staff in the wake of a leaked draft opinion, saying the "appalling" breach of trust by "one bad apple" shouldn't sully their reputation.
The Term: How Alito Wields Abortion History To End Roe
By Law360 | May 5, 2022
Justice Samuel Alito based his draft decision overturning Roe v. Wade on the idea that abortion rights are not "deeply rooted" in the nation's history. On this week's episode, Law360's The Term podcast welcomes a constitutional law scholar to discuss how Justice Alito's leaked bombshell opinion deals with a subject of intense historical debate.
GOP Sen. Wants To Bar Write-Offs For Abortion Travel Costs
By Rachel Stone | May 5, 2022
A bill introduced by Sen. Marco Rubio, R-Fla., would bar employers from getting a tax write-off for covering the cost of workers traveling to get an abortion or get certain care for transgender children, a move that comes after companies have vowed to help employees if their home states ban abortion.
Leak Puts Role Of Supreme Court Marshal In Spotlight
By Jack Karp | May 4, 2022
The U.S. Supreme Court officer charged with investigating how a draft opinion potentially overturning Roe v. Wade was leaked is a career military attorney and only the second woman to hold the job, and probably the first to receive this much attention.
Even If Roe Is Dead, Abortion Suits Are Far From Over
By Cara Bayles | May 4, 2022
U.S. Supreme Court Justice Samuel Alito's leaked draft majority opinion overturning Roe v. Wade may signal the end of the abortion as a constitutional right, but the fight won't be over for abortion rights advocates or opponents, who expect future litigation over state constitutions, interstate travel, mailed abortion pills and even contraception.
SEIU, Nurses Union Condemn Draft Decision Overturning Roe
By Parker Purifoy | May 4, 2022
Two unions with close ties to health care — National Nurses United and the Service Employees International Union — issued statements condemning the Supreme Court draft decision that would overturn Roe v. Wade regarding women's access to abortions.
Dobbs Draft Could Jeopardize More Than Abortion Precedent
By Jimmy Hoover | May 3, 2022
Justice Samuel Alito's leaked draft U.S. Supreme Court opinion overturning Roe v. Wade would end the federal right to abortion, but some legal experts say that it is also written broadly enough to place newer constitutional rights such as same-sex marriage in jeopardy.
Leak Likely To Spur Paranoia At High Court, Legal Pros Say
By Dorothy Atkins | May 3, 2022
The bombshell draft opinion overturning Roe v. Wade that was leaked from an unknown source Monday is an unprecedented occurrence that will likely increase paranoia among justices, degrade the reputation of the U.S. Supreme Court for being nonpartisan and hamstring judicial deliberations going forward, according to legal experts.
Clues In Alito's Draft Suggest He's Not Reaching For Roberts
By Jeff Overley | May 3, 2022
A draft U.S. Supreme Court decision by Justice Samuel A. Alito Jr. eliminating women's constitutional right to abortion seems concerned with convincing a bare majority of conservative justices and makes surprisingly little effort to win over Chief Justice John Roberts, according to legal experts.
Leak Casts Pall On High Court Ahead Of Final Abortion Ruling
By Andrew Strickler | May 3, 2022
Betrayal. Unfixable. Earthquake. Across the legal industry and beyond, the leaked draft of a U.S. Supreme Court decision in a case of massive social and political consequence had court watchers grasping for words — and finding plenty.
Alito's Leaked Opinion May Be Far From Final Word On Roe
By Hannah Albarazi | May 3, 2022
Justice Samuel Alito's leaked draft majority opinion indicating the U.S. Supreme Court intends to overturn Roe v. Wade provides a glimpse into the otherwise mysterious process of putting together a high court opinion.
1 Big Hurdle Still Blocks Senate Bid To Codify Abortion Rights
By James Arkin | May 3, 2022
Senate Democrats on Tuesday pledged another legislative push to codify the abortion protections of the landmark Roe v. Wade decision after a leaked draft opinion suggested the conservative majority of the Supreme Court appeared ready to overturn the decadeslong precedent.
Abortion Ruling Draft Dominates High Court Ethics Hearing
By Justin Wise | May 3, 2022
A leaked draft of a U.S. Supreme Court ruling that would overturn the landmark Roe v. Wade decision legalizing abortion dominated a Senate Judiciary subcommittee hearing on Tuesday focused on whether the court's justices should be bound by an ethics code.
Roberts Launches Probe Into Leaked Abortion Draft Opinion
By Chris Villani | May 3, 2022
Chief Justice John Roberts on Tuesday asked the marshal of the U.S. Supreme Court to launch an investigation into a leaked draft opinion that suggests the high court is prepared to strike down the landmark 1973 ruling Roe v. Wade that made abortion legal in all 50 states.