Unfortunately, I think the biggest impact of this law will be on miscarriage care. Docs aren't prescribing these meds in LA for abortion b/c of bans, and patients are exempt from prosecution. Docs ARE prescribing miso for miscarriage, and this law will likely chill that care.

1/X The final version of Anti-Transgender Constitutional Law, is now out in Vanderbilt Law Review: ssrn.com/abstract=46274…. In it I discuss the rise of constitutional litigation seeking to invalidate or limit trans equality measures (w/ speech, religion, SDP parental rights claims & more).

Historically, abortion bans have not criminalized women themselves. Prosecutors try to jail them anyway through strained interpretations of unrelated criminal laws that usually don't hold up in court. With a law like this available, it will be open season on Louisiana women.

My new paper on the limits of religious accommodation at work: papers.ssrn.com/sol3/papers.cf…. “Disestablishment at Work” is forthcoming The Yale Law Journal and now available on SSRN!

Just calling balls and strikes.

NEW: Arizona just passed repeal of its Civil War-era abortion ban. Now what?

Tonight, at Law Dork: lawdork.com/p/arizona-repe…

Listening to the EMTALA oral argument and Idaho's lawyer just opened the door to fetal personhood... says that the federal law that requires federally-funded hospitals to provide stabilizing care to patients experiencing emergencies implicates TWO individuals...

One fascinating dimension of this is how much the attorneys have focused on the reality in Idaho right now: this feels very much also like a fight abt whether post-Dobbs bans are reasonable and operating smoothly or have put doctors & patients in an impossible situation

Conservative Justices are very worried that EMTALA might make religious hospitals provide abortions to save someone's major bodily functions. It shows how extreme their view of religious liberty has gotten. Harm to corporate conscience > women being permanently maimed.

BREAKING: Over the liberals' dissent, the Supreme Court allows Idaho's ban on gender-affirming care to minors to be enforced during litigation, except as to the plaintiffs in the case and 'the treatments they sought below.' More to come at Law Dork: lawdork.com