By Leonora Willett (CM ’25) Nearly 50 years on, the landmark 1973 decision Roe v. Wade is far from settled. With the support of anti-abortion groups, state legislatures are passing newer and more restrictive laws counter to Roe v. Wade. With the changing composition of the Supreme Court, women’s Constitutional rights to an abortion are in question. With the support of Texas Alliance...
The Founders Never Dreamt of Data: Partisan Gerrymandering and Why Our Constitution Must Protect Our Right to Privacy
By Ana Deckey (CMC ’22) Partisan gerrymandering is a wily evil that distorts our democracy. However, in 2019, the Supreme Court ruled that the Constitution does not protect us from partisan gerrymandering and its anti-democratic effects. This ruling was handed down in Rucho et al v. Common Cause; in the case, citizens of Maryland and North Carolina argued their state governments acted...
Genetic Discrimination and Privacy Laws
Kathryn Parker (SC ‘23) Human genetic data is in high demand for cutting-edge medical research, and genetic testing is important to diagnose and treat many diseases. As a result, genetic privacy laws are a necessity to protect the basic rights of citizens. However, in the United States, while genetic discrimination is expressly prohibited, privacy is not enforced. So, what can be done to protect...
An Examination of U.S. Laws and Policies that Facilitate Gender Discrimination
Despite the United States making efforts for the past half a century to combat gender discrimination, sex-based prejudice still runs rampant in American society. The government and its courts have disseminated a sex-based slant on rights and freedoms that in reality, protect men far more than women. This bias has resulted in the federal government allowing various forms of gender discrimination...
How Fair is the Fair Labor Standards Act?
Scotland Carter (SC ’24) The Fair Labor Standards Act (FLSA) was enacted in 1938 in response to the growing number of workplace abuses during the Great Depression. Before 1938, the federal government had not regulated workplace conditions for employees in either the public or private sectors: there was no minimum wage, overtime pay, or working protections for minors. That said, the...
Amy Coney Barrett’s Nomination Will Cement Trump’s Conservative Legacy
By Christopher Tan (PZ ’21) Regardless of the results of November’s election, Donald Trump’s legacy will extend far beyond his first term. He has appointed hundreds of judges in America’s lower districts and circuit courts throughout his presidency. And most recently, for the third time in four years, he has nominated his pick to the Supreme Court. He ought to consider himself...
A Hydraulically Fractured Republic: Fracking Regulation in the Age of Environmental Federalism
By Jon Burkart (PO ’24) Before a crowd in Pittsburgh, Joe Biden promised voters: “I am not banning fracking. Let me say that again: I am not banning fracking.” It’s no wonder then, that running-mate Senator Kamala Harris was quick to reiterate Biden’s stance during the October 8th Vice-Presidential debate. The industry that employs nearly 32,000 people in Pennsylvania alone has...
OPINION: A Recent Rule Change to Title X Will Harm Patients
Maggie Bynum (SC ‘20) On March 3rd, 2019 the Department of Health and Human Services (HHS) submitted a final rule to the National Register that will have a detrimental effect on reproductive health services in the United States. The rule outlines several changes to Title X, also known as the Family Planning Program. Since its establishment in 1970, Title X has been the only source of...
Have You Any Decency? Bucklew v. Precythe and the Future of the Eighth Amendment
By Alex Simard (PO’22) Content Warning: This article, as it centers on the death penalty and a man condemned to it, contains depictions of gun violence, murder, and domestic and sexual violence, including rape. It also contains graphic depictions of petitioner’s medical condition and brief depictions of 17th- and 18th-century modes of punishment, including torture. In 1944, Albert Trop, a...
SCOTUS Welcomes Two Rule Changes and the Legal World Responds
By Rafael Santa Maria (PO ’20) Last week, the Supreme Court implemented official rule changes that reduce the word limits in court briefs and identify potential conflicts of interest. Originally proposed last November, these changes intend to reduce the Court’s caseload and make it clear when justices must recuse themselves from certain cases. These new rules go into effect on July first...