Recent Legislative & Litigation Trends in Reproductive Rights and Access (2021)

In September 2021, as part of the so-called "shadow docket" of SCOTUS orders, the Court declined to prevent a Texas statute, SB8, from going into effect. This law which restricts an individual's right to get an abortion after six weeks of pregnancy - a point in pregnancy where many people may not even know they are pregnant - is unique in that it deputizes private citizens to enforce the statute through private lawsuits. While this law is unusual in how it can be enforced, it is only the latest in the trend of legislation passed in states all over the country which attempt to restrict abortions beyond the federally recognized standard of viability, which is generally around twenty-four weeks of pregnancy. SCOTUS is also set to hear oral argument on a Mississippi law, which bans abortions after 15 weeks of pregnancy, in the upcoming term.

This panel discussion will provide a foundation of the landscape of reproductive rights at the state and federal level, including trends in litigation and health service policies. The presenters will also discuss New York's Comprehensive Contraception Coverage Act, which mandates insurance companies cover all FDA-approved contraceptive drugs, devices, and products, and Covid-related changes to abortion access such as executive orders which temporarily banned abortion during the pandemic and mifepristone by mail. The program will benefit anyone seeking to understand the legal landscape of reproductive rights in 2021, and what to expect in 2022. 

Learning Objectives:

1. Discuss the current state of legislative and litigation trends impacting reproductive rights access at a state and federal level

2. Review the Texas and Mississippi abortion bans and procedural postures of the legal challenges

3. Assess state and city-level policies that can be passed to restrict or support access to reproductive health procedures

4. Identify ways for attorneys to become involved in reproductive justice advocacy

This program is produced in partnership with the South Asian Bar Association of NY