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Category Archives: Courts

Restrictions on Contraception Could Set Women Back Generations

The New Yorker – “When the current Supreme Court issued its ruling in Dobbs v. Jackson Women’s Health Organization last week, overturning Roe v. Wade and eliminating the constitutional right to abortion, Justice Clarence Thomas wrote a concurring opinion that sent chills through almost anyone who takes the personal freedoms of modern life for granted.… Continue Reading

The fight between authors and librarians tearing book lovers apart

Washington Post: “At the start of the pandemic, teachers and librarians pleaded with a prominent nonprofit to make it easier for kids at home to check out books from its digital library. The organization, called the Internet Archive, agreed. While it traditionally loaned out its more than a million digital books one at a time… Continue Reading

AP-NORC poll: 2 in 3 in US favor term limits for justices

AP: “About 2 in 3 Americans say they favor term limits or a mandatory retirement age for Supreme Court justices, according to a new poll that finds a sharp increase in the percentage of Americans saying they have “hardly any” confidence in the court. The poll from The Associated Press-NORC Center for Public Affairs Research… Continue Reading

South Carolina bill outlaws websites that tell how to get an abortion

Washington Post: “Shortly after the Supreme Court ruling that overturned the right to abortion in June, South Carolina state senators introduced legislation that would make it illegal to “aid, abet or conspire with someone” to obtain an abortion. The bill aims to block more than abortion: Provisions would outlaw providing information over the internet or… Continue Reading

‘A uniquely dangerous tool’: How Google’s data can help states track abortions

Politico: “Many of the states rushing to ban abortion are also the biggest users of a surveillance tool that authorities could use to track women ending their pregnancies — the location data from people’s phones. Supporters of abortion rights are expressing growing alarm about the potential uses that police or prosecutors could find for this… Continue Reading

The Private Suppression of Constitutional Rights

Huq, Aziz Z., The Private Suppression of Constitutional Rights (April 1, 2022). Texas Law Review, Forthcoming, Available at SSRN: https://ssrn.com/abstract=4072800 “On September 1. 2021, Texas’s abortion ban S.B.8 went into effect, not only prohibiting almost all abortions after six weeks but also allowing any private party to sue those who, knowingly or unwittingly, aid or… Continue Reading

What Happens When Americans Don’t Trust Institutions?

FiveThirtyEight: “Americans are feeling uneasy, and it’s hard to blame them. The things they want to change — inflation, COVID-19 case numbers, rising violent crime in some cities — seem more and more intractable. There was one big, abrupt shift in American life at the end of June, when the Supreme Court overturned the constitutional… Continue Reading

Privacy of Health Information After Dobbs

The National Law Review: Privacy of Health Information After Dobbs: OCR Guidance On Disclosures of PHI and the Privacy of Personal Information On Devices – “On 28 June 2022, in the wake of the U.S. Supreme Court’s ruling in Dobbs vs. Jackson Women’s Health Organization, the U.S. Department of Health and Human Services (HHS) Secretary… Continue Reading

In a Post-Roe World, the Future of Digital Privacy Looks Even Grimmer

The New York Times – “The sheer amount of tech tools and knowledge required to discreetly seek an abortion underlines how wide open we are to surveillance….In states that have banned abortion, some women seeking out-of-state options to terminate pregnancies may end up following a long list of steps to try to shirk surveillance —… Continue Reading