Month: January 2022

Case Law

The Supreme Court’s Two Most Recent Abortion Decisions

January 19, 2022 Megan Gerges 0

Abortion has become one of the most contentious issues in contemporary American politics and court jurisprudence. The most well-known Supreme Court case–and the first–on the topic is Roe v. Wade (1973). The Court, in a 7-2 decision, held that a woman has a “fundamental right” to privacy under the Fourteenth Amendment, which extends to abortions. Roe also famously created the trimester framework. Under this framework, states are not allowed to ban or regulate abortions during the first trimester of a pregnancy. During the second trimester, states could regulate only to the extent that it is “reasonably” related to the protection of a woman’s health. During the last trimester, fetal viability, the fetus’s ability to survive outside of the womb, provides states a “compelling” interest to regulate or even prohibit abortions (with some exceptions for the life and health of the mother).  Although Roe is the most famous abortion case, it […]

International Law

Is The French Secularist Tradition Compatible With A Globalized France?

January 11, 2022 Belen Bricchi 0

The French Republic is built according to three major values: liberté, égalité, fraternité—liberty, equality, fraternity—that inform the commitments of the state codified in the French Constitution. Among these commitments is the French secularist tradition termed laïcité. However, recent legal developments have called into question whether France’s secularist tradition remains effective in promoting liberty, equality, and fraternity in a country that has become increasingly globalized. On Aug. 24, 2021, France’s Constitutional Council passed the law “reinforcing the respect of the principles of the republic,” more popularly known as the law against separatism—referring to the rise of identity groups separate from the French state, commonly associated with “religious, territorial, or racial minorities in France.” This bill, first introduced after various Islamist-drivent attacks in October 2020, grants the state more power over independent organization, including greater fiscal and administrative control over cultural associations. It ultimately extends the state’s enforcement of its Republican values […]