States take the Justice Thomas Challenge, confronting prejudices of abortion industry founders Follow Us
Question of the Day
ANALYSIS/OPINION:
The 50-year-old talking points that have dominated the abortion debate are about to become much less relevant as legal conflicts headed to the Supreme Court take fresh approaches.
Many are excited about the Dobbs v. Jackson case that the Supreme Court accepted, which looks at limits on abortion pre-viability, but that’s not the only kind of case advancing. Some states have taken what should be called the Justice Thomas Challenge, limiting abortion to confront the prejudiced views of people such as the eugenicists and racists who founded the Corporate Abortion industry of today. Across America, a discussion of abortion as a tool of oppression against a class of people is underway and in court.
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The court remains fortunate that Judge Cole has now passed the baton to Jeffrey S. Sutton as the new chief judge because Judge Sutton’s kind, thoughtful, and considerate style is well suited to build on the legacy of his predecessor.
On December 11, 2020, the
en banc U.S. Court of Appeals for the Sixth Circuit vacated a panel decision holding that plaintiff Rebecca Foster was entitled to a trial on her claim that the University of Michigan was deliberately indifferent to her sexual harassment by a classmate. The
en banc majority decision in
Foster v. The Board of Regents of the University of Michigan, written by Judge Jeffrey S. Sutton, who dissented from the panel decision, reaffirms that deliberate indifference remains a high bar for plaintiffs to clear.
Overview of the Case
Troutman Pepper’s Higher Education practice discussed the panel decision in an earlier advisory.