Amicus Blog

Evangelize from the Pulpit, Not in the Operating Room

The Trump Administration’s Department of Health and Human Services (HHS) finalized a rule in May 2019 that permits health care workers with “any articulable connection” to a procedure to opt-out. Most worryingly, it allows providers to refuse to refer patients out for procedures like abortion or gender affirmation surgery.

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This Week in Civil Rights and Civil Liberties: October 21, 2019

This week, a Texas judge removed protections for transgender people in health insurance markets, and a Florida judge granted a preliminary injunction against a law that placed an economic burden on those with felony records when registering to vote. Meanwhile, the nation mourned the loss of Representative Elijah Cummings, a celebrated civil rights leader and Chairman of the House Oversight and Reform Committee. 

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Will History Save the Insanity Defense?

On October 7th, the Supreme Court began its term with the oral argument for Kahler v. Kansas, a case which asks whether a state violates the Eighth and Fourteenth Amendments if it essentially abolishes the insanity defense. The test for due process is traditionally historical, so both Kahler and Kansas focused their briefs on the question of whether the insanity defense is so deeply rooted in history that its elimination would constitute a violation of due process. At oral argument, a few of the Justices probed the difficulties associated with evaluating historical claims.

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Categories

CR-CL's annual HLS Ames Final Live-blog is LIVE with blow-by-blow commentary by Nicole Franklin as the student competitors face-off before a panel of judges, including Judge Merrick Garland! https://harvardcrcl.org/2019-ames-moot-court-finals-live-blog/.

In light of today's finding against the Trump foundation, I've written a post for the @HarvardCRCL Amicus blog on the importance of transparency in ideological nonprofits. https://harvardcrcl.org/nonprofits-dafs-and-campaigns-a-call-for-more-transparency-in-ideological-nonprofits/ https://twitter.com/Fahrenthold/status/1192535254919237632

Great to talk with @HarvardCRCL (where I was a staffer 30 years ago -- oy) about the LGBTQ discrimination cases before SCOTUS https://twitter.com/jaredodessky/status/1192481402916409344

For @HarvardCRCL, @emilythemorrow and I spoke to James Esseks of the @ACLU LGBT & HIV Project about his thoughts coming out of oral argument for the Title VII LGBTQ cases before the Supreme Court https://harvardcrcl.org/taking-liberties-episode-9/

Looking forward to giving this talk next week--thank you to @houstoninst @HLS_CJPP @HarvardCRCL @HarvardPDC & the HLS branches of @LPEblog & NLG for inviting & sponsoring. And especially to @MassBailFund for joining me in conversation. Can't wait!

Annie Forestiere exposes the reality of a little-known, but often invoked, legal defense that allows defendants to escape full culpability for crimes against victims simply by showing their alleged "panic" at the realization that their victim is LGBTQ+.

https://harvardcrcl.org/lgbtq-panic-the-dark-ages-defense-strategy-you-didnt-know-existed/

Amanda Epstein explores whether prosecutors' ability to change the theory of their case at any time violates Due Process and fundamental norms of fairness for defendants.

https://harvardcrcl.org/searching-for-the-truth-not-convictions/

@HilaShamir @goetheuni @ERCDomEQUAL @mar_sabri I highly recommend the latest article by my wonderful @SUCollegeofLaw colleague Nina Kohn on American courts' acceptance of contracting btwn elderly ppl and their family #caregivers: "For Love and Affection" in @HarvardCRCL. https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3393813. The conference sounds amazing!

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