"As everyone awaits developments in the [Dobbs] case, a small possibility—capable of reconfiguring the entire landscape—dwells in an unlikely place: last year’s blockbuster LGBT rights ruling in Bostock v. Clayton County."This brief commentary mines prospects that Justice Neil Gorsuch's...

Informed speculation holds that the Supreme Court’s decision to hear and decide Dobbs v. Jackson Women’s Health Organization spells bad news for constitutional abortion rights. Recognizing both the stakes and the odds, this brief commentary engages Justice Neil Gorsuch’s majority opinion...

In this essay, Professor Marc Spindelman examines the states’ rights arguments that have been deployed in the Oregon v. Ashcroft litigation to challenge Attorney General John Ashcroft’s interpretation of the federal Controlled Substances Act. Professor Spindelman criticizes those arguments...

Taking a critical perspective on the question of feminism’s situation, this essay urges feminists to consider the benefits, both theoretical and political, of doing feminism without feminism. Contrary to how this may sound, this is not to recommend the wholesale abandonment of feminism, or...

June Medical Services L.L.C. v. Russo has already begun gaining a certain reputation as a Trojan Horse: in form, a pro-choice ruling that overturns a Louisiana anti-abortion measure, but in substance, an anti-choice, pro-life decision that sets the stage for future reversals of the Supreme...

The work continues a larger project that supplies a detailed account of, and engagement with, important aspects of what transpired during the Supreme Court phase of the litigation in the LGBT Title VII sex discrimination cases. The larger project provides a deep context for understanding the...

The Respect for Marriage Act’s enhanced statutory protections for the right to marry are a legislative response to concerns generated by the Supreme Court’s Dobbs ruling about the future of LGBTQ constitutional rights. Although Dobbs repeatedly promised that its elimination of constitutional...

While most legal commentators believe the battle over abortion is about to shift decisively from the Supreme Court to state legislatures, recent legislative developments are spotlighting the prospect that conservative religious pro-life state lawmakers won’t so easily let the Court leave the...

This essay, originally presented as a talk at the Washington University School of Law in St. Louis on April 30, 2023, as part of the Midwest LGBTQ+ Rights Conference and the Washington University Public Interest Law & Policy Speakers Series, takes up the new intersectional and anti-racist...

The U.S. Supreme Court’s announcement in Obergefell v. Hodges—that the Constitution promises marriage equality for same-sex couples—quickly and broadly swept the nation as a powerful symbol of social progress: of justice, of liberty and equality, of dignity, of freedom, delivered. But the...