“Deeply Rooted”: Discussing the Aftermath of Dobbs
March 9, 2023
University of Tennessee College of Law
The majority in Dobbs v. Jackson Women's Health overturned Roe v. Wade and Planned Parenthood v. Casey, holding that the right to abortion was not "deeply rooted in our nation's history or traditions." The dissent disagreed, stating that the right to abortion is essential to the guarantees of liberty and equality. For the past 50 years, the right to abortion has deeply shaped the lives and choices of individuals and families. This symposium will explore the aftermath of Dobbs, a decision that has uprooted the nation’s understanding of privacy and autonomy. The symposium is sponsored by the Tennessee Journal of Race, Gender, and Social Justice at the University of Tennessee College of Law.
Each panel will discuss a specific impact of the Dobbs opinion and the people affected. We will examine the legal analysis in Dobbs and its impact on constitutional law, including rights previously recognized by the Supreme Court under the Due Process and Equal Protection Clauses. We will discuss the impact of Dobbs on access to health care and on the medical profession, as well as the impact on marginalized communities. Finally, we will analyze the consequences for citizens of Tennessee in the post-Dobbs world, where abortion is now illegal.
Speakers include legal scholars, legal and medical professionals, and advocates in Tennessee. Professor Mary Ziegler, a leading expert in the legal history of abortion, will give the keynote address, “Canary in a Coal Mine: What Does it Mean to Lose a Constitutional Right?”
We hope that this symposium will spur a critical conversation about the role of this landmark case in shifting the legal landscape surrounding civil rights. We invite you to attend either in person or virtually via Zoom. To register, visit: https://forms.gle/C8JSjMUjTMqeZeFo6
Schedule after the fold.
Schedule
Introductory Remarks:
University of Tennessee College of Law Dean Lonnie Brown will deliver brief introductory remarks at 9:00 A.M. A light breakfast of coffee and pastries will be provided.
Dobbs and the Constitution:
Roe and Casey safeguarded the right to abortion for over half a decade. This panel will discuss the constitutional foundation of these cases and the decision in Dobbs to overrule this established precedent. Panelists will examine the impact of Dobbs on constitutional law and compare other countries' approaches to reproductive rights.
When: 9:30 A.M. – 10:30 A.M.
Who: James Hart (Visiting Professor, Stetson University School of Law), Serena Mayeri (Professor of Law and History, University of Pennsylvania Carey Law School), Valorie Vojdik (Walller Lansden Distinguished Professor of Law, University of Tennessee College of Law)
Access to Health Care Post-Dobbs
The Dobbs decision impacts more than the constitutional right to an abortion. It impacts access to health care, including in vitro fertilization, birth control, and lifesaving health care as well. As states confront what the Dobbs decision will mean for their state laws, shield bills have been enacted to protect against the threat of extra territorial prosecution. This panel will discuss key these bills along with other issues concerning reproductive care that have emerged in the forefront of public discourse following Dobbs.
When: 10:45 A.M. – 11:45 A.M.
Who: Meghan Boone (Associate Professor of Law, Wake Forest University School of Law), David Cohen (Professor of Law, Drexel University Thomas R. Klein School of Law), Dr. Leilah Zahedi-Spung, M.D. , FACOG (Denver, Colorado)
“Canary in the Coal Mine”: What Does it Mean to Lose a Constitutional Right
Professor Mary Ziegler, one of the leading authorities on the legal history of the American abortion debate, will present the keynote address. She is the Martin Luther King, Jr. Professor of Law at the University of California Davis School of Law. Lunch will be provided.
When: 12:00 P.M. – 1:15 P.M.
The Impact of Dobbs on Marginalized Communities
The Dobbs decision has a resounding effect on all people with the capacity of pregnancy. Justice Thomas's concurrence, for example, explicitly advises the Supreme Court to “reconsider all of this Court’s substantive due process precedent, including Griswold, Lawrence, and Obergefell.” This panel seeks to highlight the intersectionality of reproductive freedom and the impact of access to reproductive care on marginalized communities.
When: 1:30 P.M. – 2:30 P.M.
Who: Teri Baxter (Williford Gregg Distinguished Professor of Law, University of Tennessee College of Law), Seema Mohapatra (M.D. Anderson Foundation SMU School of Law), Robin Maril (Assistant Professor of Law, Williamette University College of Law)
Dobbs in Tennessee
Tennessee has a trigger ban that went into effect immediately after the Dobbs decision was announced. The abortion ban does not include exceptions, only affirmative defenses. This panel will discuss the devastating impact of this law. It also will highlight the organizations that have formed to advocate for people with the capacity for pregnancy and their physicians in navigating this unprecedented situation.
When: 2:45 P.M. – 3:45 P.M.
Who: Stella Yarbrough (Legal Director of ACLU-TN), Chloe Akers (Founder of Standing Together Tennessee), Tennessee State Representative Gloria Johnson, Tyler Yarbro (Board Member of Tennessee Freedom Circle)
Concluding Remarks and Reception
After the conclusion of the final panel, Professor Valorie Vojdik, the faculty advisor for the Tennessee Journal of Race, Gender, and Social Justice will present some closing remarks and invite speakers, faculty and staff, and journal members to a reception to follow the symposium.
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