S. Reproductive Rights after Dobbs

Instructor: Clara Spera

In this course, students will learn about the development of reproductive rights law in the post-Dobbs era. We will discuss the regulation of abortion, childbirth, gender, and sexuality.

We will begin the course studying the basic doctrine leading up to and through Dobbs. We will then discuss 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.

We will spend much of the course focusing on the practical and strategic decisions faced by those seeking to limit Dobbs consequences and, conversely, those seeking to defend and expand Dobbs reach. The course will also cover legislative advocacy (including ballot initiatives) and how such advocacy can be used in parallel to litigation efforts. 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, two papers (each between 2,000 and 3,000 words), and several short written assignments submitted over the course of the semester.