Reproductive Rights

  • Determined whether disparate impact regulations adopted by federal agencies to effectuate Title VI of the Civil Rights Act of 1964 are enforceable by private litigants in actions for declaratory and injunctive relief.
  • Determined the constitutionality of the Pennsylvania Abortion Control Act, a state law that imposed waiting periods and required the dissemination of information concerning the risks of abortion to women seeking the procedure.
  • Determined the constitutionality of a law requiring parental notice for minor's abortion, where the law has no exception for medical emergencies.
  • Determined whether anti-abortion protesters who obstruct access to abortion clinics violate 42 U.S.C. 1985(3), a law which prohibits conspiracies to deprive "any person or class of persons of the equal protection of the laws, or of equal privileges and immunities under the laws."
  • Determined whether Nebraska, in passing law denying welfare benefits to a child because the child's family was already receiving welfare when the child was born, intended the law to apply to children whose parents were unable to work because of disability.
  • Determined whether the New Mexico Constitution's Equal Rights Amendment prohibited a state ban on Medicaid funding for medically necessary abortions except in cases of rape, incest, or when the pregnancy was life threatening, on ground that no medically necessary procedures for men were denied funding.
  • Determined whether it is constitutional to impose a requirement that an individual not procreate as a condition of probation, where violation of the condition would subject the person to imprisonment.
  • Determined whether a state can impose restrictions on abortions, such as waiting periods and parental consent, without violating Roe v. Wade.
  • Determined the application of certain federal criminal statutes to violence and obstructive conduct aimed at abortion clinics, their patients and doctors.
  • Determined the constitutionality of a Nebraska statute that criminalized the performance of a wide range of abortion procedures, including the so-called "partial birth abortions."
  • Determined the constitutionality of the Freedom of Access to Clinic Entrances Act (FACE) in light of the Supreme Court's decision in United States v. Morrison.
  • Determined the constitutionality of an Ohio law that placed restrictions on abortion after fetal viability.