States Supreme Court Research Articles

Abortion Attitudes Among Kansas Women Before and After a Statewide Vote Upholding Kansans’ Constitutional Right to Abortion

The United States Supreme Court ruling to overturn Roe v. Wade in June 2022 spotlighted women’s own attitudes towards abortion throughout the United States. Kansas became the first state to put the question of abortion rights directly to their citizens through a statewide referendum in August 2022 on which a majority YES vote would allow the Kansas Legislature to regulate abortions and a majority NO vote would preserve Kansans’ right to the procedure under the Kansas Constitution. Statewide surveying in December 2021 and September-October 2022, of Kansans’ attitudes towards abortion gave insight to how women of the classically red state voted to uphold the Kansas Supreme Court ruling that they have a right to abortion under the Kansas Constitution. We examine abortion attitudes of women and by sociodemographic types using the 2021 and 2022 statewide survey.

JUDICIAL REVIEW OF COUNTER-TERROR LEGISLATION: THE JURISPRUDENCE OF THE UNITED STATES SUPREME COURT AND THE SUPREME COURT OF PAKISTAN

Since the attacks of 9/11, terrorism has emerged as a serious concern for national security. Both the United States and Pakistan have and continue to experience the scourge of terrorism and strive to grapple with it in a manner that is compliant with their constitution. Consequently, the counter-terrorism measures put in place by both states have been put to review by the highest constitutional courts of the states. This work attempts to analyze the jurisprudence of the United States Supreme court and the Supreme Court of Pakistan and examines whether the former has impacted the interpretation of the latter. Keywords: Judicial Review, Judiciary, Terrorism, Legislation

Forensic assessment of criminal maturity in juvenile homicide offenders in the United States

The United States Supreme Court in Jones vs. Mississippi (2021) reinforced the Miller decision to allow sentencing judges the discretion to determine whether individuals convicted of murder under age 18 warrant a life sentence. The Miller decision dictates individualized sentencing, citing psychosocial disadvantages, immaturity, potential evolving risk, and how these qualities differ for each defendant. Since the Miller decision, mental health professionals routinely submit forensic reports as part of prisoners’ petitions to courts for reconsideration of their life sentences, either at the request of defense attorneys or prosecutors. This tracks a well-established practice of pre-sentencing evaluations. The expressions of immaturity in crime are not; however, accounted for in the same way that expressions of major mental illness reference years of crime-specific research and diagnostic standardization. For this reason, forensic assessments in this emerging area remain unguided and vulnerable to bias. Here, we present a guide containing 38 questions in seven developmental domains for individualized assessment and 50 questions spanning five domains that relate to the details of the crime. Our qualitative guidelines for assessment of the relevant domains of criminal maturity and offender prognosis draw on the forensic psychiatry, forensic pathology, developmental psychopathology, and criminological literatures, our experiences in comparative research of murder, sex assault and other crimes, as well as decades of experience in forensic assessment. A complete assessment of the offender should include questions in the developmental, scholastic/vocational, social, interpersonal, traumas, antisocial history, and psychiatric/medical domains. We also present recommended questions for assessing the details of the crime to more fully and accurately inform the individualized sentencing requirement in Miller cases.

Community MH Must Include Care for Incarcerated Individuals, Released Prisoners

Community MH Must Include Care for Incarcerated Individuals, Released Prisoners

U.S. Courts’ Assistance to International Arbitrations. Recent Developments and Impact on Arbitrations Seated in Switzerland

For years parties to international arbitrations have used the discovery mechanism of § 1782 to seek the U.S. courts’ assistance in obtaining evidence from persons in the United States. Over time, a circuit split developed on whether § 1782 extended to private arbitral tribunals. This summer, the United States Supreme Court resolved the circuit split, holding that the scope of § 1782 did not encompass private international arbitration, but leaving the door open for arbitral tribunals imbued with some level of governmental authority. After providing a summary of the Supreme Court’s decision, the article focuses on the implications of this new precedent and its impact on participants to arbitration proceedings seated outside the U.S. with a focus on arbitrations seated in Switzerland.

After Kennedy vs. Bremerton School Dist: Managing Religious Diversity in the Public School Workplace

The United States Supreme Court in Kennedy v. Bremerton Sch. Dist. held that a local school district violated the First Amendment freedom of religious expression rights when it directed an assistant football coach to stop praying on the fifty-yard line of a high school football field after each game. In finding for the high-school football coach, the U.S. Supreme Court significantly narrowed the use of the Establishment Clause of the Constitution to limit workplace religious activities of public-school teachers, school administrators, and other school district employes. The article argues that the decision will force school districts across the country to reassess their policies regarding the workplace religious activities of their employes including teachers. The article examines how the decision will impact school districts’ regulation of workplace prayers by public school teachers and several types of symbolic religious speech. Finally, the article argues that school districts may need to update their policies and practices governing the workplace religious activities of their employes including teachers.

미국 연방대법원과 사법적 구제 쇠퇴

사법제도(司法制度)는 법 위반에 대해 응답하고 해결책을 제공하기 위한 것이다. 정의의 실현과 사법적 구제를 통한 공정한 결과의 도출을 요구하는 것은 국내법과 국내법에서 공히 인정되는 기본권이다. 사법적 구제수단이 없다면 사법제도를 이용하는 해결을 기대할 수 없기 때문에 위법행위로 인한 피해자들이 사법절차를 이용할 이유가 없다. 사법적 구제수단은 모든 다른 권리를 충족시키기 위한 필수불가결한 것이다. 피해를 주장하는 자가 구제받을 길이 없다면 효과적인 권리보호를 받을 수 없다.BR 이러한 것은 의심할 여지가 없는 것처럼 보이는데도 2021-2022년의 미국연방대법원의 현재 다수의견은 종전에 헌법적으로나 실정법적으로 요구되는 영역에서의 사법적 구제를 구하는 원고들의 권리범위를 꾸준히 축소해 왔다.BR 본 논문에서 소개 된 8개의 사례(Shinn v. Ramirez, Shoop v. Twyford Brown v. Davenport, Garland v. Gonzalez, Patel v. Garland, Vega v. Tekoh, Cummings v. Premier Rehab Keller, P.L.L.C., and Egbert v. Boule)에서 미국연방대법원은 과거의 선례와 최근의 선례를 모두 뒤집고 청구인들에 관한 사건을 연방법원의 관할로부터 차단했다.BR 예를 들어 Shinn v. Ramirez 사건과 Shoop v. Twyford 사건에서 연방대법원은 두 명의 사형 피고인들에게 구속적부심사청구를 부인하여 변호인의 조력을 제대로 받지 못한 것을 재판상 다툴 여지를 주지 않았다. 다른 사형선고 사건인 Brown v. Davenport 사건에서 연방대법원은 최근의 선례를 뒤엎고 반테러법 및 유효사형법 하에서 구속적부심사에 의한 구제의 범위를 더욱 좁히고 부인하여, 피고인은 거의 불가능에 가까운 기준을 충족시켜야만 하도록 했다.BR Garland v. Gonzalez 사건과 Patel v. Garland 사건에서 연방대법원은 단체소송 사건의 법정관할과 이민자에 대한 행정명령에 대한 사법심사를 제거하였는데, 앞으로 이민절차에서의 헌법적·실정법적 권리침해를 주장하는 자들이 항소하지 못하게 될 것이 분명하다.BR 본 논문에서 논의된 모든 사례 및 다른 사건에서, 연방대법원은 선례 및/또는 법정관할의 논리적 해석을 번복하여 법원에 대한 접근을 부인하였고, 향후의 사건에서 다수의견은 사법 구제를 계속 거절할 것으로 예상된다.BR 개인(생식건강권을 뒤엎은 Dobbs v. Jackson WHO 사건), 주정부(공해배출을 규제하는 환경보호기관의 권한을 제한한 West Virginia v. EPA 사건), 주의 통치권 (뉴욕주 총기안전법을 뒤집은 NYSRPA v. Bruen 사건) 등의 권리에 대하여 국제적으로 비난을 받은 대담한 변화를 가져온 법원의 최근 결정과 대비하면, 본 논문에서 요약한 사건들은 헌법상의 절차적 권리를 서서히 점진적으로 축소하는 것이다.BR 근래의 사건들은 선례를 무시하고, 재판받을 기본권에 직접적으로 반하여 비논리적인 실정법의 해석 및 적용을 함으로써 헌법상의 권리를 축소하는 결과를 가져 온다는 것을 보여주고 있다.BR 만일 연방 입법이 구속적부심사청구의 관할, 이민자의 항소, 헌법상의 사법적(私法的) 구제의 확장을 도입하지 않는다면 사법제도(司法制度)는 형평을 위한 것이라기 보다는 정의에 관한 환상에 불과할 것이다.

The Relationship Between Access to Abortion and Mental Health in Women of Childbearing Age: Analyses of Data From the Global Burden of Disease Studies.

Background It has often been suggested that restricting access to legal abortion could have a negative impact on the mental health of women seeking this procedure. The recent judgment of the United States Supreme Court in the Dobbs case has brought the question of the psychological impactof changes in abortion policy into focus. The results of studies on the link between induced abortion and mental health are contradictory, and interpreting the results of these studies is complex due to a multitude of potential confounding factors. However, there is little data on the relationship between the availability of legal abortion and its effects onthe mental health of women of childbearing age in the general population. Objective The objective of the current study was to examine cross-sectional and longitudinal associations between access to legal abortion and the prevalence of common mental disorders in women of childbearing age at a cross-national level while correcting for potential confounding factors. Methods The current study employs both cross-sectional and longitudinal analyses of nation-level data for 197 countries and regions. As data on global abortion policy were compiled in 2009 and 2017 by the Guttmacher Institute, data on access to legal abortion for these yearswere examined in relation to the prevalence of anxiety disorders and depression in women of childbearing age for each country, obtained from the Global Burden of Disease Studies for the most recent subsequent year (2010 and 2019). The relationship between changes in abortion policy and changes in the prevalence of these disorders in each country was examined for the aforementioned period. All analyses were adjusted for the potential confounding effects of gender development, gender inequality, and intimate partner violence. Cross-sectional associations were examined using Pearson's bivariate and partial correlations, while longitudinal associations were examined using a general linear model and analyses of covariance. Results At the cross-sectional level, broad legal access to abortion was associated with a lower prevalence of depression in women aged 25-49 years, however, this association was not significant after correcting for measures of gender development, gender inequality, and intimate partner violence. At the longitudinal level, a slight but significant decrease in the prevalence of anxiety disorders in women aged 25-49 years was observed in countries where access to legal abortion was broadened in the period 2009-2017. This association remained marginally significant after adjustment for the above confounders. Conclusions The current study suggests that there is a modest relationship between access to legal abortion and its effects on themental health of women aged 25-49 years. However, this relationship appears to be largely indirect in nature and influenced by factors, such as gender development, gender inequality, and intimate partner violence. These results may lead to further exploration of the links between reproductive rights and mental health of women in the general populationand drawattention to the influence of gender inequality and intimate partner violence on mental health of women of childbearing age.

Post-Roe emergency medicine: Policy, clinical, training, and individual implications for emergency clinicians.

In June 2022, the United States Supreme Court decision Dobbs v. Jackson Women's Health Organization overturned Roe v. Wade, removing almost 50 years of precedent and enabling the imposition of a wide range of state-level restrictions on abortion access. Historical data from the United States and internationally demonstrate that the removal of safe abortion options will increase complications and the health risks to pregnant patients. Because the emergency department is a critical access point for reproductive health care, emergency clinicians must be prepared for the policy, clinical, educational, and legal implications of this change. The goal of this paper, therefore, is to describe the impact of the reversal of Roe v. Wade on health equity and reproductive justice, the provision of emergency care education and training, and the specific legal and reproductive consequences for emergency clinicians. Finally, we conclude with specific recommended policy and advocacy responses for emergency medicine clinicians.

“South Bend Bossed by a Woman?”: Alice Mannering, Socialist Feminism, and the Common Good

In July 1917, Alice Mannering became the Socialist Party nominee for mayor of South Bend, Indiana, and the first woman candidate for the office of mayor in the state of Indiana. Suffragists across Indiana were anticipating being able to vote in the November 1917 elections, after the passage of a partial suffrage bill by the state General Assembly. Mannering's ambitions, and the hopes of suffragists, were dashed when the state Supreme Court ruled the legislation unconstitutional. Jamie Wagman examines the life of Alice Mannering—suffragist, socialist, and political activist—and considers how she challenged gender roles and inspired generations of her descendants to social activism.

Organizational abortion support benefits in the post-Roe world: employee and employer perspectives

PurposeThe authors discuss the implications of the recent United States Supreme Court decision in Dobbs v. Jackson and its impact on employees and employers. Although several employers issued public statements regarding the provision of abortion-related benefits, the authors highlight some of the obstacles to their implementation.Design/methodology/approachWith a focus on employee wellbeing, the authors discuss the obstacles in implementing abortion care benefits.FindingsWhile it is encouraging to see many organizations make public statements in support of abortion rights, the authors temper their enthusiam with questions about practicality.Research limitations/implicationsBased on the research on hidden stigmas and the job demands-resources model, the authors argue that employees who need to use abortion-related benefits may be unlikely to seek them.Practical implicationsThe authors highlight some unanswered questions relating to the requesting and granting of abortion healthcare benefits.Social implicationsThe Dobbs decision takes away rights. While the authors applaud organizations’ efforts to restore them, facilitating access to an abortion in other states is quite complicated.Originality/valueAlthough abortions are very common, very little organizational research has addressed the topic. In light of the Dobbs v. Jackson decision, the paper raises some timely questions about employer-sponsored abortion healthcare.

The United States Supreme Court ruling and women’s reproductive rights – A position statement issued by The European Board and College of Obstetrics and Gynaecology (EBCOG)

The judicial review by the Supreme Court of the United States on Roe v. Wade has fundamentally limited the ability of women to exercise choice and control of their sexual and reproductive rights in the United States. The global organisations are concerned that there remains a risk that women’s rights will be diminished globally in future.

Recent Legal Developments: Criminal Justice Decisions of the United States Supreme Court, 2021 Term

In this paper, we review and analyze the criminal justice-related decisions of the 2021 term of the United States Supreme Court. We also provide a summary of the Court's voting patterns and opinion authorship. 18 of the Court's 58 decisions touched on criminal justice. There were significant decisions involving the Second Amendment, the Eighth Amendment, and federal criminal statutes. Each of these is discussed in turn.

State Supreme Court Responsiveness to Court Curbing: Examining the Use of Judicial Review

State legislatures introduce court-curbing legislation as they threaten to restrict the independence of state high courts. While scholars have examined when this legislation is introduced and what drives the introduction, we know little about how state supreme courts react to this legislation. In this paper, I begin the examination into how state courts react to court-curbing legislation by looking to the court’s exercise of its judicial review power. I theorize that state supreme courts are less likely to invoke their power of judicial review when facing increased court-curbing legislation because judicial review is the most direct form of communication between the branches. I also argue communication is necessarily conditioned by the methods of selection and retention in the states. Examining narrow and broad court curbing, I find that neither type of introduction affects the use of judicial review by the state supreme courts and that, in line with previous scholarship, courts are using legislative ideology as an informational signal in this interbranch interaction.

OTC oral contraceptive could come to U.S. pharmacies

French pharmaceutical company HRA Pharma has applied for FDA approval of what could be the first OTC oral contraceptive in the United States. An OTC birth control pill would increase access to contraception at a time when reproductive rights are under threat. The company filed for the Rx-to-OTC switch less than 3 weeks after the United States Supreme Court overturned Roe v Wade.

Using a decentering framework to create English/Spanish surveys about abortion: Insights into comparative survey research (CSR) for new survey development and recommendations for optimal use

ABSTRACT The growth of populations for whom English is not a native language has reinforced the need for multilanguage survey data collections. This is particularly true in the study of sexual and reproductive health issues such as abortion. However, the limited number of bilingual surveys about abortion and the lack of information regarding the translation process for bilingual surveys necessitates the development of new surveys specifically attuned to linguistic and cultural nuances in Spanish-speaking communities. To that end, this paper explores various comparative survey research frameworks, with emphasis on simultaneous survey development through decentering. We also highlight the processes, successes, and challenges of our team’s development of a bilingual English and Spanish abortion survey using Erkut’s Dual Focus Model—an approximation of the asking the same question by decentering (ASQD) approach—to co-construct an English and Spanish survey about abortion in the wake of the nomination and confirmation of Brett Kavanaugh to the United States Supreme Court. We conclude with recommendations, including that comparative survey research be conducted with team-based and systematic translations.

Conception of Sanctions for Same-Sex Marriage Couples in the Perspective of Balinese Customary Law (Comparison of Laws in the United States)

In Balinese customary law, same-sex sexual intercourse is known as “salah krama”, or sexual intercourse with wrong partners and it is strictly prohibited in Hindu law. The reason is the situation will make the offenders become cuntaka, leteh or impure. The purpose of this study is to analyse and reveal the paradigm of same-sex marriage from the perspective of international law and customary sanctions against same-sex marriage couples in Bali. The type of research used in this study is normative legal research. Based on analysis, the results of this study revealed that the United States government’s policy paradigm regarding same-sex marriage can be seen from the United States Supreme Court Decision which issued a policy that completely changed the existence of the LGBT community in the United States. Furthermore, the concept of customary sanctions against same-sex marriage couples in Bali is made in the form of giving customary sanctions to those practicing LGBT that must be executed strictly. The customary sanctions that can be given take the form of arta danda, sangaskara danda, and jiwa danda.

Elevating the Needs of Minor Adolescents in a Landscape of Reduced Abortion Access in the United States

Elevating the Needs of Minor Adolescents in a Landscape of Reduced Abortion Access in the United States

Adolescent Medicine Providers: A Critical Extension of the Abortion Service Network

Access to safe abortion is a critical element of reproductive freedom as per the World Health Organization [1]. However, following the United States Supreme Court's ruling in Dobbs v. Jackson Women's Health Organization which overturned Roe v. Wade and vacated the constitutional right to abortion, 26 states are expected to heavily restrict or ban abortions [2]. While the policy environment surrounding abortion continues to change rapidly, the ensuing geographic shift in both patients and service provision will eliminate or delay access to this time-sensitive medical procedure and disproportionately impact adolescents and young adults (AYAs), especially those already experiencing health disparities stemming from systemic racism and bias [3].

Threatening Property: Race, Class, and Campaigns to Legislate Jim Crow Neighborhoods

Threatening Property: Race, Class, and Campaigns to Legislate Jim Crow Neighborhoods