Compromise and Marital-Status Discrimination

At the heart of After Roe  is a story about when and why conflict about abortion and gender escalated. Before writing the book, I believed t...

The Politicization of Privacy

Like many of my students, I found myself confused the first time I read the Roe decision. I had always believed that the Court had recognize...

Liberals and Religious Conscience

With the courts still grappling with challenges to the contraceptive mandate of the Affordable Care Act, conscience-based objections will li...

Population Control, Immigration, and Environmentalism

Population controllers are some of the most fascinating characters to appear in After Roe . Some of these activists, like former Columbia st...

The Rise of the Undue-Burden Test

Pro-Life Activists, March for Life, 2015 (Credit: American Life League ) One of the enduring mysteries in constitutional jurisprudence invol...

How Did Roe Become a Popular Symbol of Judicial Activism?

If you follow abortion politics today, you probably think that the pro-life movement has long prioritized Roe v. Wade . As attorney Clark Fo...

Banks v. Housing Authority and a Multi-Racial Approach to the Equal Protection Clause, Part 2

In my last post I discussed the background to the Banks v. Housing Authority case: the San Francisco Housing Authority’s separate but equa...

Banks v. Housing Authority and a Multi-Racial Approach to the Equal Protection Clause, Part 1

The Ping Yuen Public Housing Project in 1956 ( San Francisco Public Library, Historical Photo Collection ) While researching Forging Rivals,...