Prerequisite: None

Exam Type: No Exam

In this course, students will learn about the development of reproductive rights law in the post-Dobbs era. We will address the basic but extraordinarily complicated question: How do we lawyer after Dobbs? In so doing, we will discuss the regulation of abortion, childbirth, gender, and sexuality.

During this two-week intensive course, we will spend the first session studying the basic doctrine leading up to and through Dobbs and set a baseline foundation of reproductive justice principles. We will then cover the development of law since Dobbs on issues like total abortion bans, conscience exemptions, shield laws, gender affirming care, and the intersection of criminal law and reproductive rights. Rather than focus primarily on “black letter” law, we will delve into the practical and strategic decisions faced by attorneys seeking to limit Dobbs’ consequences and, conversely, those seeking to defend and expand Dobbs’ reach. Students will read caselaw, briefs and other court pleadings, legal journal articles, research papers and studies, and administrative law documents such as proposed rules and public comments. 

The class will feature several guest speakers from leading organizations in the space and across the aisle. Robust class participation is expected. Grading will be based on class participation (which may include group exercises and presentations) and several short response papers submitted over the course of the two weeks.

Note: This class will meet over the first two weeks of the January Term.