Liz Sepper Profile Banner
Liz Sepper Profile
Liz Sepper

@lsepper

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Professor @UTexasLaw . Fan of health law, religious liberty, & equality.

Austin, TX
Joined June 2009
Don't wanna be here? Send us removal request.
@lsepper
Liz Sepper
3 years
A story. When I was in law school, a long long time ago (but not so long), Justice Scalia came to speak. This was shortly after Lawrence v TX. My classmate asked him "do you sodomize your wife?" bc Scalia thought the state could ask and criminalize this. All hell broke loose
@espinsegall
Eric Segall
3 years
Conservative law profs who continue to honor the racist, sexist anti-LGBTQ animus of Scalia along with his abominable hypocrisy should be ashamed of themselves. Stop it.
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@lsepper
Liz Sepper
1 year
I am nearly 43 yrs old. I have had 2 children, probably 10+ gyns, and so many pelvic exams. Only last week did I encounter a doctor who first asked, "so many women have experienced sexual assault, will you be comfortable with this exam? Or can we talk about what you need?" 🤯
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@lsepper
Liz Sepper
3 years
The response of the law school was to hold events on civility or "how to address your superior, a Supreme Court justice." Our classmates turned on him unrelentingly. But why? Scalia was not civil. Maybe my classmate wasn't either. But he at least challenged power
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@lsepper
Liz Sepper
3 years
OMG. OUTRAGE?!?!?! Torts profs, the TX solicitor general just suggested that SB8 satisfies injury in fact because plaintiffs suffer the tort of outrage. They feel so upset by an abortion that they are injured in fact.
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@lsepper
Liz Sepper
3 years
He also referred to an abortion after 6 weekss as a "late term abortion" because words have no meaning
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@lsepper
Liz Sepper
2 years
*coughs* Upholding Mississippi's unconstitutional abortion ban and overturning what is left of Roe -- ie, that states can't ban abortion before viability -- is *not* moderate. Do not be gaslit
@CarolLeonnig
Carol Leonnig
2 years
NEW —- Chief Justice Roberts appears to lose the reins. He sought to write moderate opinion upholding 15 week abortion ban, source says, but ultra conservative wing told him they had votes to overturn Roe. @scotusreporter , me + @amarimow
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@lsepper
Liz Sepper
3 years
@SaraBWarf I have failed as a mother, b/c my 7 yr old said immediately "the surgeon's his other dad." And I said, "or who else could it be?" and he was totally stumped. The 4 yr old who chimed in "his mom!" is now my favorite
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@lsepper
Liz Sepper
1 year
The Fifth Circuit has partially granted, partially denied a stay pending appeal. Its decision is, to use a term of art, absolutely bonkers
@big_cases
Big Cases Bot
1 year
New filing: "Alliance Hippocratic Medicine v. FDA (mifepristone appeal)" Doc #183 : Non Dispositive Court Order PDF:
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@lsepper
Liz Sepper
3 years
"You *only* graded 24 answers to *one* question?!?" my spouse remarked, arriving home this afternoon. So he's no longer with us
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@lsepper
Liz Sepper
2 years
Public school teachers will be devastated to learn they can't assign this concurrence from Justice Gorsuch, noted critical race theorist
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@lsepper
Liz Sepper
2 years
For the love of all that is holy, can we stop with this framing???? The Supreme Court did not take the free exercise claim. It doesn't matter WHY the business wants to discriminate. If it wins, any web designer can deny service, with or without religious motivation
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@lsepper
Liz Sepper
2 years
My cab driver just asked me, "what is one thing everyone should know about law?" (And let's just say my coldcall performance left him unimpressed) What say you law profs and people?
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@lsepper
Liz Sepper
3 years
@marinklevy Eric's letter is amazing. He was maybe 24(?). Must read. Thank you!
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@lsepper
Liz Sepper
5 years
This is Disney fact-checking I can get behind: "Females are the core. The heart and soul of the pride. The males come and go" Yet the central roles in the Lion King all go to males
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@lsepper
Liz Sepper
1 month
Y'all, the RNC draft platform does not "moderate" on abortion. It commits to constitutional personhood for fetuses. It takes the view that it is not a mere statute but rather the constitution that bans abortion nationwide
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@lsepper
Liz Sepper
3 years
My NYU classmate who asked Justice Scalia if he sodomized his wife--after Scalia indicated our LGBT citizens should answer the same question and face criminal penalties--wrote an incredible open letter
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@lsepper
Liz Sepper
1 year
The Fifth Cir leans ALL THE WAY INTO the Comstock Act. Here the panel suggests that shipping any item that can be used for abortion is a FEDERAL CRIME without any illegal intent. This could include misoprostol and methotrexate among other things. You ship it, you crimed
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@lsepper
Liz Sepper
1 year
@EllieMargolis Right?!?!?! It's clearly good doctoring that somehow we haven't known to expect or demand!
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@lsepper
Liz Sepper
1 year
I mean. This is paragraph 4 of the opinion in Alliance for Hippocratic Med v FDA that aims to withdraw approval of mifepristone. This is how the judge describes medication abortion
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@lsepper
Liz Sepper
1 year
On top of everything, Judge Kacsymaryk's opinion is deeply dishonest. Here's one example. I teach the Comstock Act and we read United States v. One Package. It (left) does not say what Judge K (right) says. The exact opposite, indeed
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@lsepper
Liz Sepper
2 years
Just consider: Who is Justice Gorsuch's audience for this inflammatory language? What is the wider context of undermining antidiscrimination law? Where else is education about civil rights under attack?
@lsepper
Liz Sepper
2 years
Justice Gorsuch describes education about antidiscrimination law and compliance as a REEDUCATION PROGRAM. This is beyond offensive. It was a central and SOFT tool of many civil rights movements and was essential to targeting market discrimination
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@lsepper
Liz Sepper
1 year
If you had never before 303 Creative spent a moment thinking about public accommodations law, you have the option of not commenting. It would give you some time to read work by folks - like me - who actually know what they are talking about. Until then a few helpful pointers, 👇
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@lsepper
Liz Sepper
1 year
The ultimate outcome is that mifepristone will remain approved but that the pre-2016 restrictions (including multiple visits) seem to come back. This sets up a conflict in 17 states with the order from the Washington District Court. And Comstock looms over it all
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@lsepper
Liz Sepper
4 years
100%. Let me walk through why the HHS Rule (as to LGBTQ discrimination) is dead in the water
@chasestrangio
Chase Strangio
4 years
I genuinely think this is a full win. We fully won. The HHS rule is completely void.
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@lsepper
Liz Sepper
5 years
Big news: I'm overjoyed to be joining the amazing @UTexasLaw faculty & moving to Austin. The bitter with the sweet is how much I will miss my colleagues and students @WashULaw , which has been a great home for the past 7 years. Y'all come visit now!
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@lsepper
Liz Sepper
3 years
It was just so long ago that the Court, Alito included, treated a shadow docket ruling as precedent
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@lsepper
Liz Sepper
1 year
I obviously expected 303 Creative. And it could have been worse. But I am deeply disheartened by this successful attack on freedom in public commerce and leisure. So I choose to be reminded, as Justice Sotomayor says, that we are not without power
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@lsepper
Liz Sepper
3 years
Hospitals here have been pleading neighbors to bring food to feed patients. They have been understaffed (1 pharmacist for a hospital). Staff have worked for days with nowhere to sleep. Electronic medical records have failed. Nightmare upon nightmare upon the pandemic nightmare
@FenitN
Fenit Nirappil
3 years
One hospital instructed staff to use trash bags to remove feces from toilets. Another rigged a system to get water from the roof into laundry baskets. Another kept a new mom and her newborn an extra night because they had no power at home
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@lsepper
Liz Sepper
1 year
Like Judge K (but for slightly different reasons), it says anti-abortion doctors have standing. But again there is no concrete or impending injury. Rather, the possibility that a doctor might encounter a patient with side effects from mifepristone
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@lsepper
Liz Sepper
3 years
I had been saying lots of nice things about law review editors. But one unnamed journal just edited out all my em-dashes and put in commas. COMMAS
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@lsepper
Liz Sepper
1 year
Invite Clarence to Congress every day. Emboss it. Post it on all the social medias. Tiktok it being hand delivered to his door. Play T Swift "can I ask you a question?" while holding a boombox above your head outside the Supreme Court. All of these are better than nothing
@mirandayaver
Miranda Yaver, PhD
1 year
FFS, I am so sick and tired of Democrats bringing a butter knife to a gunfight. Clarence Thomas has engaged in unethical and illegal conduct. Subpoena him. Hold him to account. Don't simply leave it to whether the justice is in the mood to accept an invitation to testify.
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@lsepper
Liz Sepper
2 years
Remember a couple of months ago when everyone was like "women aren't going to DIE from anti-abortion laws" in the year of our Lord 2022?
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@lsepper
Liz Sepper
1 year
But there's more. The Fifth Cir suggests willingness to discard all past "aging" interpretations and insist on fidelity to a vague and contradictory "text." This law was used to prosecute "lewd" devices & hound women to the point of suicide. It would end abortion nationwide
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@lsepper
Liz Sepper
1 year
Unlike Judge K, the 5th Cir says the challenge to the 2000 approval is barred by the 6-year statute of limitations (shout out to @susancmorse who thought this was the way things would go) tho it says it's a "close question" LOL
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@lsepper
Liz Sepper
4 years
Last night, the Supreme Court largely sided with South Bay United Pentecostal Church, permitting indoor gathering and worship but keeping in place attendance caps and bans on indoor singing. Lots of good commentary from @stevenmazie @ProfLWiley @steve_vladeck . But too few gifs /1
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@lsepper
Liz Sepper
3 years
I don't use a lot of emojis. But when I want prayer hands, I've always used this 👃 Today I realized it's a nose 🙏👃🙏👃 for me
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@lsepper
Liz Sepper
2 years
The Michigan Supreme Court just ruled that the ban on sex discrimination in the state civil rights act, the Elliott-Larsen Act, also bars discrimination based on sexual orientation. This case-like so many others-involves a public accommodation that refused to serve a gay couple
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@lsepper
Liz Sepper
3 years
VACCINATION CELEBRATION!!!
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@lsepper
Liz Sepper
1 year
It is late, the more I read this decision the more I feel I have lost a grasp on reality, but so be it. There is no irreparable harm because from 2000 to 2016 there was medication abortion. WITH THREE IN PERSON VISITS and authorized up to 49 days on the label
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@lsepper
Liz Sepper
1 year
@CrabbyAshley I am sorry but kudos to you for moving on and not accepting this
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@lsepper
Liz Sepper
2 months
The Supreme Court's FDA v. Alliance for Hippocratic Medicine is not just about standing. It's about religion. As I predicted following argument, the Court has issued a new, expansive, and incorrect interpretation of federal conscience laws.
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@lsepper
Liz Sepper
3 years
So that's what a positive Covid test looks like He went back to indoor school for the first time since March 12, 2020. Made it 8 days
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@lsepper
Liz Sepper
3 years
When someone says "foot voting" solves abortion access, they mean is we--women-- need to be refugees in our own country. We need to uproot our lives, leave family, & abandon friends. They confirm that our equality--our participation in work, politics, society--depends on abortion
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@lsepper
Liz Sepper
5 years
Torts class in a nutshell
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@lsepper
Liz Sepper
4 years
My colleague Cary Franklin is not on twitter. But her excellent legal history of Title VII is all over Justice Gorsuch's opinion @womenknowlaw @womnknowhistory
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@lsepper
Liz Sepper
3 years
This is not good. Not one little bit.
@americansunited
Americans United
3 years
BREAKING: #SCOTUS will hear AU case Kennedy v. Bremerton School District—involving a football coach at a public high school praying with players and students at the 50-yard line after games. #SupportBremerton #NoPrayToPlay
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@lsepper
Liz Sepper
4 years
When you promised a book review, but didn't read the book? 7 St. John's L. Rev. 386 (1933)
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@lsepper
Liz Sepper
2 years
In Idaho, the federal gov just notched a win for emergency pregnancy care. Idaho stood to ban abortion, with an affirmative defense only for life-saving care. A district court held that the Emergency Medical Treatment & Labor Act/EMTALA preempts contrary applications of Idaho law
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@lsepper
Liz Sepper
2 years
Elizabeth Sepper, a law professor at the University of Texas at Austin, told us, “Across the country, doctors who have largely been shielded from abortion politics are going to find that the criminal law is hanging over their shoulder.”
@GregTSargent
Greg Sargent
2 years
Texas's new lawsuit against Biden is another sign GOP states want to create a post-Roe world in which doctors feel forced to choose between refraining from acting in life threatening situations for women and facing prosecution. From @paulwaldman1 and me:
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@lsepper
Liz Sepper
1 year
The court says that the FDA was arbitrary and capricious in changing the REMS in 2016 to require 1 in-person visit instead of 3 and to move from 49 to 70 days gestation. Because it relied on studies that looked at one of those things, but not both. And YOLO mife might be unsafe
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@lsepper
Liz Sepper
4 years
Trash takes by HLS prof & other profs today. The Supreme Court's decision that churches are free from public health rules is just "fact specific" "a yawner" & "small potatoes." I do not enjoy being right, but Free Exercise Lochnerism is coming.
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@lsepper
Liz Sepper
3 years
Y'all, this is what free exercise Lochnerism looks like. Religion becomes an excuse for deregulation and a tool to oppress workers. It's for-profit religion. And we're going to keep seeing more of it
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@lsepper
Liz Sepper
3 years
Delighted to see @UTexasLaw send a clear message, informing students about the importance of high-quality masks and maskwearing throughout the buildings (not just in class). And students can now get free N95s from SAO! Thanks for looking out for each other! Hook 'em!
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@lsepper
Liz Sepper
3 years
@steve_vladeck I just see "Prof Steve Vladeck makes students cry"
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@lsepper
Liz Sepper
2 years
@hannahmsays @GBBranstetter Have you read what the Bible says about shellfish??????
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@lsepper
Liz Sepper
2 years
Everyone inclined to pooh-pooh threats to same-sex marriage should read every word of this National Review piece
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@lsepper
Liz Sepper
1 year
Partial service *is* the denial of "full and equal enjoyment" of public accommodations. It is unfreedom in public space. It is second class citizenship. We knew this 100 years ago. Our liberty in public commerce and leisure depends on relearning this basic truth now
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@lsepper
Liz Sepper
3 years
Indeed. Formalist law profs who want to wait til they hear "Roe v. Wade is overturned" can sit down. "Roe" means states can't ban abortion under the Constitution. But last week the Supreme Court let TX ban abortion. For 1 in 10 US women of repro age, Roe is now gone
@Hegemommy
Jessica Mason Pieklo
3 years
If there was any doubt as to the harm SCOTUS unleashed in letting #SB8 take effect For 1 in 10 women of reproductive age Roe is effectively meaningless. THAT is how big Texas is. For many Texans their closest clinic would be in Louisiana Let that sink in via @Guttmacher
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@lsepper
Liz Sepper
2 years
So delighted to say that Government's Religious Hospitals (w/ @ProfJDNelson ) will be coming out in the @VirginiaLawRev ! (It's also my first law and religion paper to cite Thomas Jefferson. No coincidence?)
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@lsepper
Liz Sepper
2 years
Yesterday was the funeral of my glamorous, erudite, and witty grandma, Mickey Wellman. Born in 1930, she became a producer for CBS News in New Orleans through force of will and charm. She wrote and produced award-winning documentaries (she had a Peabody)
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@lsepper
Liz Sepper
2 years
This scenario is one where lots of doctors are going to have a crisis of conscience. Here, for many, conscience compels action, and the law requires the opposite. The result is both harm to the patient and a schism of self--a violation of conscience
@samkarlin
Sam Karlin
2 years
Here's the account from a New Orleans doctor, who was told by her hospital's lawyer she couldn't perform a D&E on a 16-weeks-pregnant woman whose water broke. Instead, she went through a "painful, hours-long labor to deliver a nonviable fetus, despite her wishes"
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@lsepper
Liz Sepper
3 years
Abortion providers' federal lawsuit faced trouble b/c it wasn't clear whether/which state actor enforces SB8. The providers had argued that TX licensing boards have the power to enforce SB8. By filing this complaint, Operation Rescue may prove them right & provide a way to fed ct
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@lsepper
Liz Sepper
1 year
Another doozy. (For accurate science on abortion and mental health, see )
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@lsepper
Liz Sepper
2 years
Me, planning a playlist, "my students will know this song, it's pretty recent" It came out in 2000...before most of them started kindergarten In related news, it's my third 40th birthday today 🎂🥂🎉
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@lsepper
Liz Sepper
1 year
A couple of points on the substance. Judge K decided anti-abortion doctors have standing to advance the interests of people who have had abortions. Abortion providers had been allowed to assert their patients' constitutional rts. Here the interests just don't align
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@lsepper
Liz Sepper
3 years
Lots of ink will be spilled before and after the Supreme Court's oral argument tomorrow. But the piece we all need to read and sit with is @michelebgoodwin 's. A real act of courage from a truly inspiring person and scholar
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@lsepper
Liz Sepper
4 years
I have the most flexible job in the world. If *I*, the luckiest woman in the world, feel this so deep in bones I could scream, it's everywhere. I am almost never not working and am rarely not caregiving.
@EHA_appeals
Elizabeth Holt Andrews
4 years
Thread: a small but, I think, telling story on how the pandemic is exacerbating gender inequality & general hostility to working mothers in our culture. Today, I was mocked in open court by opposing counsel and the judge (both men) because 1/x
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@lsepper
Liz Sepper
1 year
Pregnant people in Texas are a little safer tonight. With big thanks to @ReproRights and their brave clients who have been to hell and back under our abortion ban
@ReproRights
Center for Reproductive Rights
1 year
#BREAKING : HUGE NEWS! 🎉🎉🎉 The judge in our Zurawski v. Texas case has ruled IN FAVOR of our plaintiffs, BLOCKING Texas' abortion bans as they apply to dangerous pregnancy complications including fatal fetal diagnoses.
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Liz Sepper
3 years
The thing about copycat SB8 (gun rts, etc) is that abortion is different. One can lose guns/many other things and emerge 9 months later with rights in hand. Abortion doesn't work that way. We have one shot, one opportunity in one moment to capture a right or just let it slip
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@lsepper
Liz Sepper
4 years
ICE forcibly sterilized migrant women. And now made the witnesses disappear.
@schemaly
Soraya Chemaly
4 years
U.S. deports migrant women who alleged abuse by Georgia doctor
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@lsepper
Liz Sepper
3 years
This is not hypothetical. Providers are seeing pregnant 9, 11, 13 yo girls. And they can't help them in this state.
@WentRogue
Stacey Burns
3 years
“If she is developed enough to be menstruating and become pregnant, and reached sexual maturity, she can safely give birth to a baby.” –a “pro-life” ob-gyn who thinks it’s fine to force a 9 year old to go through childbirth #SB8
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@lsepper
Liz Sepper
1 year
The result could be the Christian Medical Assoc gets standing to challenge virtually any law that facilitates abortion access--over the counter access, dispensing through pharmacies, etc
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@lsepper
Liz Sepper
1 year
@normative @williamadler78 As i recall, men often wear dresses while reading from this book in front of children
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@lsepper
Liz Sepper
1 year
His opinion misplaces "only" and omits a key sentence: "Its design...was not to prevent the importation, sale, or ... mail of things which might intelligently be employed by conscientious and competent physicians for...saving life or promoting the well being of their patients"
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@lsepper
Liz Sepper
4 years
Don't worry, sweet naive Anthony, many men have assured me that I was hysterical when I coined this term. Plus, they told me religious exemptions aren't financially valuable. There's no incentive for a business to claim a religious exemption! What could they gain?
@AnthonyMKreis
Anthony Michael Kreis
4 years
Welcome to Free Exercise Lochnerism.
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@lsepper
Liz Sepper
2 years
Justice Gorsuch describes education about antidiscrimination law and compliance as a REEDUCATION PROGRAM. This is beyond offensive. It was a central and SOFT tool of many civil rights movements and was essential to targeting market discrimination
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@lsepper
Liz Sepper
5 years
@Ezaffar @AdamSerwer @IChotiner @PennLaw Sorry, I can't follow your point. Got distracted by an ad for shoes.
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@lsepper
Liz Sepper
2 years
Fun to be interviewed together with fast talkers @LeahLitman and @steve_vladeck . My take: "What is clearly missing from Justice Alito's opinion is any sense of women in 2022. We don't exist in the opinion."
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@lsepper
Liz Sepper
1 year
It finally caught up to me Very sad to miss out on a trip to Berkeley. Very glad that I always test before travel and won't be spreading this around
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@lsepper
Liz Sepper
2 years
The Supreme Court's Cummings v. Premier Rehab decision today is both really bad and not as bad as it could be. The Ct held that "emotional distress" damages are not available in suits under (most) federal antidiscrimination laws. So what does this mean?
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@lsepper
Liz Sepper
3 years
"ASSUME I DISAGREE" @ProfMMurray @LeahLitman @StrictScrutiny_ So. Much. New. Merch.
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@lsepper
Liz Sepper
2 years
My kiddo says, get a warrant
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@lsepper
Liz Sepper
2 years
Move over "best," *THIS* is how to sign off an email: "With growing concern for where this Court will lead us next,"
@LeahLitman
Leah Litman
2 years
"WITH GROWING CONCERN FOR WHERE THIS COURT WILL LEAD US NEXT, I ... DISSENT" - JUSTICE SOTOMAYOR
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@lsepper
Liz Sepper
2 years
I am an aunt!! And my brother is not on twitter. What's the best newborn gift you received?
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@lsepper
Liz Sepper
3 years
It seems like no coincidence that in Dobbs, Justice Barrett parroted an anti-vax talking point, comparing the "infringement on bodily autonomy" of vaccines to forced pregnancy
@mjs_DC
Mark Joseph Stern
3 years
Perhaps the most startling thing about today's decisions, to me, is that Amy Coney Barrett joined the nihilists in voting to block the vaccine mandate for health care workers. She may pretend to be a cautious moderate sometimes, but her jurisprudence is really, really radical.
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@lsepper
Liz Sepper
3 years
LOL
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@lsepper
Liz Sepper
3 years
In an interesting twist on Texas SB 8, the TX Medical Board has received a complaint against Dr. Braid, who provided an abortion after six weeks, asking for investigation & suspension of his license--from no other than Operation Rescue
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@lsepper
Liz Sepper
2 months
In particular, the Court says that objectors don't have to provide emergency abortion care. That EMTALA gives away to conscience laws. Doctors can let patients bleed out if they assert federal conscience laws. That's wrong both morally and legally
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@lsepper
Liz Sepper
2 years
Such an honor to write up a short explainer of TX abortion law and its likely effects with Kari White, my UT colleague and amazing @TxPEPresearch researcher. A couple points I'd like to flag @ChronOpinion
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@lsepper
Liz Sepper
2 years
Have we considered that Justice Alito, having achieved the reversal of Roe and called into question all substantive due process rights, has cemented his legacy and may look to retire?
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@lsepper
Liz Sepper
1 year
Judge K also says the Comstock Act of 1873 means any drug used for producing an abortion is "unmailable" and mailing such a drug--regardless of unlawful intent--is a crime under federal law. This too potentially applies beyond mife
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@lsepper
Liz Sepper
2 years
That @WholeWomans is leaving Texas is a tragedy. WWH has fought for Texans for yrs. They were a profile in courage under SB8. Their staff are heroes. But [genuine feelings alert] this hurts. WWH will still care for Texans who can reach them. But TX is so much poorer without them
@WholeWomans
Whole Woman's Health
2 years
WWH has served Texas for nearly 20 years, and our love runs deep. As of last Friday, Texas has banned abortion entirely in response to the fall of #RoevWade . Our patients need a Whole Woman’s Health to go to now that Texas has cruelty taken away it’s basic healthcare need.
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@lsepper
Liz Sepper
3 years
Austin ISD to @GovAbbott : Come and Take It
@AustinISD
Austin ISD
3 years
Masks Work. Face Masks are Required at Austin ISD.
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@lsepper
Liz Sepper
4 years
How Arizona bar examiners think tampons work
@alittleleader
Alyssa Leader
4 years
You know women. Crafty, witchy, and always sneaking information about the Statute of Frauds into places inside a tampon!
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@lsepper
Liz Sepper
2 months
Why does it matter? It creates a legal safe harbor to refuse emergency abortion care nationwide. Catholic hospitals and (where they exist) objecting providers will feel authorized by this Court to deny care as pregnant people suffer serious jeopardy to their lives and health
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@lsepper
Liz Sepper
3 years
This spells trouble for public health and anti- establishment
@stevenmazie
Steven Mazie
3 years
BREAKING: Supreme Court votes 6-3 to permit California church to hold services Sunday morning despite public health orders banning religious and secular gatherings alike in Santa Clara county
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@lsepper
Liz Sepper
3 years
@TCBurrus Do tell what's the libertarian argument for criminalizing sodomy? And shouldn't we applaud the marketplace of ideas, rough and tumble as it may be?
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@lsepper
Liz Sepper
1 year
Judge K nods toward accepting the argument that fetuses are constitutional persons. He says the consideration of whether the agency's action will result in "individual injustice" and "irreparable injury" "also arguably applies to the unborn humans extinguished by mifepristone"
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