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Latest from Bill of Health
After Dobbs: How the Supreme Court Ended Roe but Not Abortion
Photo credit: Martina Šalov
by David S. Cohen and Carole Joffe
A new story of abortion in America is upon us. Dobbs v. Jackson Women’s Health Organization overturned Roe v. Wade and rejected a constitutional right to abortion, but so far, because of everything we chronicle in our forthcoming book After Dobbs: How the Supreme …
Call for Abstracts: Petrie-Flom Center Announces Annual Conference 2025
The Petrie-Flom Center for Health Law Policy, Biotechnology, and Bioethics is pleased to announce our 2025 annual conference: “Law, Healthcare, and the Aging Brain and Body.” This year’s conference is organized in collaboration with Nina A. Kohn, the David M. Levy Professor of Law at Syracuse University College of Law and the Solomon Center…
ReproDialogue: Critical Discussions on Self-Managed Abortion & Reproductive Justice
Photo credit: Martina Šalov
International Safe Abortion Day is 28 September.
This new digital symposium, ReproDialogue: Critical Discussions on Self-managed Abortion & Reproductive Justice by guest editor Lucía Berro Pizzarossa in collaboration with Birmingham Law School and the Centre for Health Law, Science and Policy at the University of Birmingham, brings the international revolution…
Skrmetti and Cisgender Affirming Care
by Craig Konnoth
In United States v. Skrmetti the Supreme Court will consider whether Tennessee’s broad prohibitions on gender-affirming care for minors violates the Equal Protection Clause. Tennessee’s statute prohibits providers from administering “a medical procedure” to “[e]nabl[e] a minor to identify with…a purported identity inconsistent with the minor’s sex” or “[t]reating purported discomfort or…
A Disproportionate Share Payment Calculation Case in the Post-Chevron Era
By Zack Buck
Yet another case that examines the authority of administrative agencies to interpret health care laws will make its way to the Supreme Court next term. And the case could have major implications for hospital financing as well.
In June 2024, the U.S. Supreme Court granted cert in Advocate Christ Medical, et al.
Evidence and Authority in Abortion Law
by Rachel Rebouché
Two years after deciding the case that overturned a constitutional right to abortion, the Supreme Court heard two cases on abortion law this term. The first involved a challenge to the U.S. Food and Drug Administration’s approval and regulation of mifepristone, the first drug in a medication abortion. The second concerned the…
The Ever-Expanding Right to Refuse to Provide Healthcare
by Elizabeth Sepper
For the past decade, a blockbuster religion law case has been a feature of every Supreme Court term. The Court dramatically eased the ability of employers to claim religious exemptions. It overturned long-standing Establishment Clause precedent. And it revolutionized Free Exercise Clause doctrine to favor objectors to public health measures and…
Another Weapon in the Arsenal: Ghost Guns, the Second Amendment and the Downfall of the Administrative State
by Michael R. Ulrich
Many advocates, legal scholars, and public health researchers concerned about the gun violence epidemic in the United States have viewed the Supreme Court’s Second Amendment doctrine as the greatest barrier to reform. A rare victory for the government, announced at the end of the 2023 Supreme Court term, may signal a…
Inter-Loper: Loper Bright and Judicial Intrusion on Agency Prerogatives
by Nathan Cortez
If you wanted quick medical advice, you’d ask your friend with an MD or BSN. Not a JD. Likewise, if you wanted to know how to regulate nitrogen oxide under the Clean Air Act, you’d probably trust the scientists at Environmental Protection Agency (EPA) over the judges on a court that referred…