OA117: Restricting Abortion Rights (& a Deep Dive into Res Judicata)

Today’s episode takes a look at a tragic case currently unfolding of a pregnant young woman being detained for being in this country illegally and the Trump administration’s efforts to deny her the right to an abortion.

We begin with a quick procedural update on the 9th Circuit’s ruling on EO-2 before taking a deep dive into the nuts and bolts behind Zarda v. Altitude Express, which we first discussed back in Episode 91.  Thanks to some great questions from our listeners, Andrew and Thomas get into the civil procedure weeds with concepts like “claim-splitting” and res judiciata.

In the main segment, the guys break down Jane Doe v. Wright, and discuss whether the government can prohibit an minor alien in this country outside of legal status from seeking an abortion.

Next, Andrew and Thomas discuss a prominent tweet within the skeptical community and whether it is fair to characterize the statement itself as “sexual harassment.”

Finally, we end with the answer to Thomas Takes the Bar Exam Question #47 about landlord responsibility and immunity.  Don’t forget to following our Twitter feed (@Openargs) and like our Facebook Page so that you too can play along with #TTTBE!

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Show Notes & Links

  1. The recent news regarding the 9th Circuit was reported by Bloomberg News and other outlets.
  2. We first discussed Zarda v. Altitude Express in Episode 91.
  3. New York’s Human Rights Law can be found in the New York Consolidated Laws, Art. 15, § 290 et seq.
  4. We took you through the current status of abortion in our detailed two-part discussion of Planned Parenthood v. Casey in Episode 27 and Episode 28.
  5. You can read Jane Doe’s complaint, as well as the en banc decision of the Court of Appeals for the D.C. Circuit in Jane Doe v. Wright.
  6. The regulations implementing sexual harrassment under Title VII can be found at 29 C.F.R. § 1604.11.

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