November 18, 2019
For at least the second time this year, the Sixth Circuit has ruled on an Ohio law aimed at restricting access to abortion. In 2017, then-Governor John Kasich signed into law House Bill 214, which made it a felony for a doctor to perform an abortion if she has knowledge that the pregnant person is…
Administrative Law, Constitutional Law, General
November 18, 2019
For decades, “conscience clauses” in statutes governing health care have protected the rights of employees from acting against their religious and moral beliefs. Critics of these provisions insist that there is a greater risk of discrimination against patients than discrimination against employees. Recently, in New York v. Department of Human and Health Services, Judge Engelmayer…
November 11, 2019
What is the difference between a legal opinion and an op-ed column? Judge James Ho of the Fifth Circuit appears to think not much. Recently, in Winzer v. Kaufman County, Judge Ho penned a dissent from an order denying a petition for rehearing en banc that seems better suited for the pages of the Dallas…
Administrative Law, Immigration
November 10, 2019
The Trump Administration’s targeting of immigrants is no secret. Earlier this month, the Department of Justice (“DOJ”) “announced that in fiscal year 2019 (FY19), its U.S. Attorneys’ Offices prosecuted the highest number of immigration-related offenses” in the last twenty-five years and its Executive Office for Immigration Review adjudicated 275,000 cases, the second highest number in…
Administrative Law, Civil Rights, Gender Identity, Statutory Interpretation
November 6, 2019
The impact of the Supreme Court’s interpretation of “sex” in R.G. & G.R. Harris Funeral Homes, Inc. v. Equal Employment Opportunity Commission this Term may not be limited to enforcement of the Civil Rights Act. In fact, many federal statutes, including the 2010 Affordable Care Act (ACA), have adopted identical language. Recently in Franciscan Alliance,…
Civil Procedure, First Amendment
November 2, 2019
“This case is ultimately about the First Amendment, but the subject matter implicated in this appeal is far less dramatic: rules of procedure and pleading standards.” So began Judge Walker’s opinion reversing the district court’s dismissal of Sarah Palin’s defamation suit against the New York Times (“the Times”). The Second Circuit’s decision did turn on…
John Greabe is the associate dean for faculty research and development and a professor of law at the University of New Hampshire School of Law, where he teaches and writes…
Misha Tseytlin became Wisconsin Solicitor General in December 2015. Tseytlin previously served as General Counsel in the West Virginia Attorney General’s Office, where he specialized in litigation challenging unconstitutional and…
Aaron Tang (@AaronTangLaw) is Acting Professor of Law at the University of California, Davis. A former law clerk to Associate Justice Sonia Sotomayor at the Supreme Court of the United…
