Hand holding smartphone with colorful app icons concept.

The Fourth Amendment and the Post-Roe Future of Privacy

By Katie Gu

An April 2021 data privacy bill sponsored by Senator Ron Wyden (D-OR) has taken on new urgency in the post-Roe Digital Age.

The bipartisan bill, The Fourth Amendment Is Not For Sale Act, would close the current legal loophole through which the FBI, Department of Homeland Security, Department of Defense, Customs and Border Protection, Immigration and Customs Enforcement, and the Internal Revenue Service, have repeatedly purchased Americans’ personal and consumer information from data brokers.

In the wake of the recent Dobbs v. Jackson Women’s Health Organization decision, this bill may play an important role in protecting reproductive health data against government overreach and new forms of surveillance technologies.

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Protesters holding signs that read My Body My Choice, Human right, Bans Off Our Bodies, Abortion Is Healthcare.

Dobbs v. Jackson Women’s Health and Its Devastating Implications for Immigrants’ Rights

By Asees Bhasin

While reproductive injustice against immigrants is not new, they are now even more vulnerable to reproductive oppression in light of the Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization overturning the constitutional right to abortion.

Immigrant reproduction has long been vilified and opposed, with immigrant parents facing accusations of being hyper-fertile and giving birth to “anchor babies.” Additionally, pregnant immigrants have faced additional structural barriers to accessing necessary abortion care. This article explains how these injustices are likely to be exacerbated by the Dobbs ruling.

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Secretary Giorgia Meloni talks during a Fratelli D'italia party electoral meeting tour towards the 25 September vote.

Abortion Rights Under Siege in Italy Post-Dobbs

By Sarah Gabriele

The U.S. Supreme Court’s decision to overturn the constitutional right to abortion in Dobbs v. Jackson Women’s Health Organization has had an impact and influence far beyond U.S. borders, with right-wing politicians in Italy campaigning on stricter abortion laws in the recent election of September 25, 2022. And now that the far right has reached the majority in both the Italian Parliament and Senate, access to abortion in Italy could soon face additional restrictions.

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WASHINGTON MAY 21: Pro-choice activists rally to stop states’ abortion bans in front of the Supreme Court in Washington, DC on May 21, 2019.

Restricting Reproductive Rights During the War on Drugs: Intersectional Regimes of Surveillance and Criminalization That Harm Us All

By Taleed El-Sabawi, Jennifer J. Carroll, and Bayla Ostrach

Health law and policy in the United States are, in many senses, driven by a desire to control. When that control is enacted to impose anti-scientific but deeply moralized social norms, suffering always follows. Consider, for example, the decision in Dobbs v. Jackson Women’s Health Organization, which ended a constitutionally recognized right to abortion. This decision allows states to exert near-total control over pregnant people and their bodies — and many are already experiencing physical and emotional harm as a result.

This suffering at the hands of the state is compounded by existing drug law and policies, which also prioritize control over bodies above personal wellbeing and autonomy. Pregnant people who use drugs (including alcohol) are often subject to both of these coercive regimes, facing head-on the harmful synergism between drug criminalization and the criminalization of abortion.

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US map made of many people with empty space in the center that resembles a single spiky corona virion.

The Institutionalization Missing Data Problem

By Doron Dorfman and Scott Landes

One of the most important lessons from the ongoing COVID-19 pandemic needs to be about health surveillance of marginalized health populations — indeed, “who counts depends on who is counted.”

As disability scholars who use data and empirical tools in our work, we want to remind decision makers that advancing just law and policy depends on the systematic collection of accurate data. Without such data, our laws and policies will be fundamentally incomplete.

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concept illustration of genes in DNA.

A Response to ‘Another Legislative Attempt to Revive Gene Patenting’

By Emily Michiko Morris

Professor Jorge Contreras’ commentary on the Patent Eligibility Restoration Act of 2022 objects to Senator Thom Tillis’ recently introduced bill. Specifically, he argues that proposed inclusion of isolated and purified human genes and other naturally occurring substances as patent eligible subject matter is unnecessary and would both stymie research and obstruct access to medicine. But the truth is these criticisms rely mostly on narrative and anecdote rather than rigorous empirical evidence. (Professor Contreras has written an article acknowledging the many narratives behind the gene patenting debate: see Narratives of Gene Patenting, 43 Fla. St. U. L. Rev. 1133 (2016)).

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WASHINGTON, DC - OCT. 2, 2021: Women's March in Washington demanding continued access to abortion after the ban on most abortions in Texas, and looming threat to Roe v Wade in upcoming Supreme Court.

How the Dobbs Ruling Will Affect People with Substance Use Disorder

By Hayfa Ayoubi and Karishma Trivedi

At the young age of 21, Regina McKnight unexpectedly suffered a stillbirth due to umbilical inflammation. She was a grieving mother, but to the state of South Carolina, she was a killer. In 2001, prosecutors charged McKnight with homicide allegedly caused by her use of cocaine while pregnant. The jury in the case returned a guilty verdict after deliberating for thirty minutes. It was not until years later in 2008 that her wrongful conviction was overturned by the state’s Supreme Court

Unfortunately, McKnight is one of many marginalized women of color who make up the majority of individuals criminally prosecuted for substance use during pregnancy. Now that the constitutional protection for abortion under Roe v. Wade has been overturned, more women like McKnight will have the full power of the state brought to bear on them through forced procedures, surveillance, and jail sentences solely because they happened to get pregnant. 

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Washington, DC USA May 3 2022: Protesters gather at the US Supreme Court after a report that the count will overturn Roe vs Wade, ending the constitutional right to abortion.

An Ob/Gyn Reflects on Dobbs: ‘The Time Has Passed for Neutrality’

By Samantha DeAndrade

Last week, in response to a petition written by myself and colleagues, the American Board of Obstetricians and Gynecologists (ABOG), which is headquartered in Texas, reversed its decision to pursue in-person board certification exams.

In light of the Supreme Court’s ruling in Dobbs vs. Jackson Women’s Health, my colleagues and I held grave concerns about traveling to Dallas, Texas for this credentialing exam. We worried for our patients, our colleagues, and — though hard to admit it — ourselves.

In our petition, we cited concerns about the well-being of our pregnant colleagues who might encounter a pregnancy complication while in Texas and not have the full range of life-saving, evidence-based options available. We also expressed fear for our personal safety as abortion providers in a state where anti-abortion vigilantes are allowed to sue anyone who performs or assists in a pregnancy termination. It also felt wrong to contribute to the economy of a state that has passed the most restrictive abortion laws in recent history; a decision we know is about power and politics, not patient safety.

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Asbury Park, NJ - January 21, 2017: "My Body My Choice" sign at Women's March and worldwide protest.

The Only Moral Abortion is…

By Carmel Shachar

Since June 24, 2022, I have spent a lot of time thinking through the post-Roe legal and ethical landscape, both publicly and privately. Very often, the discussion is centered about the impact that Dobbs v. Jackson Women’s Health Organization will have on patients whose health or lives are threatened by their pregnancies — such as people with ectopic pregnancies, missed miscarriages with a high risk of sepsis, and preeclampsia — and the physicians who care for them.

These cases are, no doubt, important. But I am writing this piece to provide a counterpoint to this public discussion: abortion should be safe, legal, and accessible not only when the patient’s life or health is in danger. When we focus on the “blameless” abortions, such as the underage victims of incest, or the woman who wanted to be a mother but found out she has cancer that needs to be treated, we cede ground on this issue, by playing into the notion (whether knowingly or not) that some abortions are more justified or acceptable than others.

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Washington, DC, USA, May 5, 2022: people protest the leaked draft Supreme Court opinion overturning Roe v. Wade and the right to abortion

Reproductive Governance in a Post-Roe US: The Weaponization of Health Systems

By Alicia Ely Yamin

I was living and working in Peru in 2001, when Karen Noelia Llantoy discovered she was pregnant with an anencephalic fetus. Llantoy, a minor at the time, became profoundly depressed. Her own physician, a social worker, and a psychiatrist all concurred that she should have a termination, as anencephaly is a fatal brain defect that also poses an unnecessary risk to the mother’s physical health, and the pregnancy was having a severe impact on Llantoy’s mental health.

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