All posts filed under: Faculty in the Media

Justice David Souter, Who Traded White Marble for the White Mountains

Justice David Souter, Who Traded White Marble for the White Mountains Prof. Peter Spiro, who served as one of retired Justice David Souter’s first law clerks, joins other former clerks in remembering the Justice at his passing. “He was so old-school that it almost seemed like he never really caught up to electricity,” Professor Spiro said. “He wouldn’t turn on the lights in his office until it was pretty much dark.”

Yes, Oklahoma (and the Rest of Us), There Is a Due Process Evidence Rule

Yes, Oklahoma (and the Rest of Us), There Is a Due Process Evidence Rule In a January 2025 opinion the Supreme Court affirmed a due process protection against “evidence…so unduly prejudicial as to render a criminal trial fundamentally unfair.” Prof. Jules Epstein explains why the case matters in his regular column for The Legal Intelligencer.

Despite Historic Indictment, Doctors Will Keep Mailing Abortion Pills Across State Lines

Despite Historic Indictment, Doctors Will Keep Mailing Abortion Pills Across State Lines Dean Rachel Rebouché and collaborators David Cohen and Greer Donley helped to craft so-called shield laws that protect abortion care providers in safe states from prosecution in ban states. Efforts by Louisiana to prosecute a New York doctor “probably put New York and Louisiana in real conflict, potentially a conflict that the Supreme Court is going to have to decide,” she says.

Trump looks to target ‘sanctuary cities’ as Philadelphia gets ready for potential budget attacks

Trump looks to target ‘sanctuary cities’ as Philadelphia gets ready for potential budget attacks As the Trump administration targets sanctuary cities like Philadelphia, Prof. Jennifer Lee looks to the 10th Amendment, which makes clear that”the federal government can’t coerce states and localities to do the federal government’s job.” While the use of funding as leverage is more complicated, Prof. Lee says that “there’s some good law out there that basically says that they can’t just willy-nilly cut all this funding from states and localities because they don’t like what they’re doing and try to make them do something else.”

Thousands of people still get abortions in states with bans. This Texas bill aims to stop it.

Texas legislators have moved a step closer to passing legislation that would allow civil lawsuits to proceed against out-of-state abortion care providers. Dean Rachel Rebouché says the bill is similar to a pre-Dobbs statute that banned abortion at six weeks: “This is Texas legislators trying the same strategy to try to circumvent a federal constitutional challenge.”

In Mass., volunteers pack thousands of abortion pills destined for states with bans

Abortion advocates in states with so-called shield laws are finding ways to get mifepristone to pregnant people in states with abortion bans, which in turn are seeking ways to extradite and prosecute medication providers. As the stakes continue to rise, Dean Rebouché notes that “This is a conflict we might have expected to find ourselves in, because the abortion rate is higher now than before the Supreme Court overturned Roe.”