Celebrating the Class of 2016

Opinion

Strong statement on abortion access

The Supreme Court issued a historic decision Monday, weighing in again in the nation’s fractious abortion debate. In a 5-3 ruling, the court overturned a Texas law requiring that abortion clinics maintain hospital-like standards at their facilities as well as admitting privileges at local hospitals. Pro-life activists argued that the rules were aimed at protecting women’s health, but those in the pro-choice camp countered that the law left many abortion clinics with no choice but to shut down and infringed on women’s constitutional rights…Harvard Law School’s I. Glenn Cohen, a professor of law and faculty director at the School’s Petrie-Flom Center for Health Law Policy, Biotechnology & Bioethics, spoke with the Gazette about the ruling. Cohen filed an amicus brief in support of the court’s decision.Continue Reading at Harvard Gazette »

A Cost-Benefit Test Defeats Texas Abortion Restrictions

An op-ed by Noah Feldman. Today the Supreme Court upheld the constitutional right to abortion — and laid down a new framework for how courts should evaluate future legislation limiting it. For the first time, the court expressly held that laws limiting access to abortion must be evaluated on a cost-benefit basis, to see if health benefits to women outweigh the costs in making abortion less available. The cost-benefit scheme gives greater precision to the undue-burden test established in the landmark 1992 case of Casey v. Planned Parenthood. But it also raises the difficult question of how, exactly, costs and benefits should be determined if and when other states pass laws that limit abortion access while purporting to protect women’s health.Continue Reading at Bloomberg »

Breaking Down 4 Major Supreme Court Decisions (audio)

Four major Supreme Court decisions were released Thursday that amount to a win for supporters of affirmative action, a setback for President Obama’s immigration plan and significant implications for mandatory minimum sentencing. Guests: Nancy Gertner, former Massachusetts federal judge, senior lecturer on law at Harvard Law School and WBUR legal analyst. Charles Fried, professor of law at Harvard Law School and former U.S. solicitor general.Continue Reading at WBUR »

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