Students Respond to Dobbs V. Jackson: Part Two

Student organizations have issued two joint letters in response to the recent leaked SCOTUS draft opinion. BC Law Impact has agreed to publish these letters in the interest of continuing a respectful dialogue within our community on this important issue. The following letter was issued by the organizations listed below.


By now you have probably seen the student statement regarding the Dobbs v. Jackson Women’s Health Organization, Inc. draft opinion from the Supreme Court. Unfortunately, this statement may create the impression that it represents our entire community. It does not.

While we understand many students feel strongly opposed to the draft opinion, we are also aware that pro-life students are just as much a part of the BC Law community. BC Law has always been a place where people with different ideas and beliefs can learn from and befriend one another.

We hope it is made clear that not all student leaders agree to the statement put out earlier today through the Law Student Association email account. As the most recent Diversity and Inclusion Statement notes, we acknowledge and welcome a range of viewpoints. Those with principled disagreements can still share the same community. Diversity of thought makes our community strong. We are confident that tradition will continue.

The draft opinion represents a major victory for our democracy. In 1973, the Supreme Court ended debate on the contentious issue of abortion. They hoped then, and later in Planned Parenthood v. Casey, that the issue would be settled. Despite perhaps good intentions, they were wrong. Abortion raises significant moral questions about a woman’s liberty, medical care, and the rights of the unborn. Since abortion was erroneously crystallized as a constitutional right, court battles have led jurists with no expertise to attempt to determine when life begins. Many believe that this question should be answered by us and our representatives, not the judiciary.

As law students, we know that the courts are powerful. When properly constrained, regular people are free to decide through their elected officials what values our law will reflect. We encourage all students to respectfully speak their minds on this issue. We applaud the effort to return this important topic to the people. We agree with our classmates that this dispute is far from over. Should the draft opinion be adopted by the Court, the debate would only just begin.

At BC Law, we sincerely hope that an exchange of different ideas and beliefs continues respectfully.

Signed,
BC Law Republicans
International Law Society

Students Respond to Dobbs v. Jackson: Part One

Student organizations have issued two joint letters in response to the recent leaked SCOTUS draft opinion. BC Law Impact has agreed to publish these letters in the interest of continuing a respectful dialogue within our community on this important issue. The following letter was issued by the organizations listed below.


By now you have heard of the Dobbs v. Jackson Women’s Health Organization, Inc. draft opinion leaked from the Supreme Court overturning the decisions in Roe v. Wade and Planned Parenthood v. Casey. The draft, written by Justice Alito, sets the stage for millions of Americans to lose their constitutionally protected right to a legal and safe abortion. 

While the authenticity of the draft was confirmed, we still do not know whether this is the Court’s final opinion. Today, abortion is still legal in all 50 states. But if this is the Court’s opinion, it soon will not be. States have already been empowered to pass increasingly draconian and restrictive abortion bans in recent years. Twelve states have trigger bans that immediately go into effect if Roe and Casey fall. Some states have pre-existing anti-abortion laws still on the books. In all, abortion will be protected in less than half of U.S. states and territories if Roe and Casey are overturned. We also acknowledge that while Roe and Casey reified the right to abortion, access to this fundamental reproductive freedom is not accessible for all, especially low-income women of color, trans men, other pregnant people, and those living at the intersection of marginalized identities. Furthermore, coinciding with the uptick in laws modeled after Texas’ S.B.8, this decision opens the door to surveillance and criminalization of pregnant people and those who perform abortions.  In a criminal judicial system that has been built on systemic oppression, it is no surprise that the increased targeting of pregnant people will disproportionately criminalize Black, Brown and Indigenous people. Those who are disenfranchised in this country will experience the greatest impact from this decision. 

We also recognize that many people may fear the broader implications of this decision and what precedents may be overturned next. While people throw out the names of cases like Lawrence and Obergefell to illustrate the potential catastrophic consequences of the Court’s actions in Dobbs, the fear that many people have that their liberties and identities are threatened is very real. Even without the decision in Dobbs, the rights of LGBTQ youth and adults have been in peril–from “Don’t Say Gay,” to attacks on transgender youth, the community has a lot to fear. The Court’s decision–which will also inevitably impact trans pregnant people seeking healthcare at a higher rate– only adds to that. We stand in solidarity with our LGBTQ communities and communities of color.

As student leaders we realize the role we have to offer comfort, information, and solidarity in moments such as these. We want to acknowledge the deep sadness, anger, and fear many students–particularly those assigned female at birth–are feeling right now. We recognize that this comes at a very stressful time in the semester, making the news even harder to stomach. We will aim to create spaces to understand the intellectual and emotional implications in the fall and over the summer. Your community at BC Law is here to support you. 

As law students, we know the law is malleable, ever-changing, and a way to influence society. We encourage those of you who feel disempowered or frustrated by these decisions to use your power as a law student to effectuate changes you want to see. Whether that means donating to abortion funds or legal defense funds, explaining doctrine to others, engaging in legislative advocacy in your home state or at the federal level, or even joining the profession as a reproductive rights/justice advocate, this fight is far from over. 

Signed, 

American Constitution Society 
If/When/How: Law Students for Reproductive Justice
Law Students Association (LSA)
Asian Pacific American Law Students Association (APALSA)
Black Law Students Association (BLSA)
Boston College Law Democrats
Disability Law Students Association
Health Law Society
Holocaust/Human Rights Project
Immigration Law Group
Lambda Law Students Association 
Latin American Law Students Association (LALSA)
Middle Eastern Law Students Association (MELSA)
Public Interest Law Foundation (PILF)
Women’s Law Center

She believed she could, and she did. Now we can: The Impact of Justice Ketanji Brown Jackson

On April 7, 2022, the United States Senate confirmed Ketanji Brown Jackson as the next Justice of the Supreme Court, marking a historic step in the nation’s tortuous history with race and gender. For the first time, a Black woman will serve on the US Supreme Court.

Regardless of political affiliation, it is impossible to ignore the significance of this moment. While Justice Brown Jackson’s judicial impact remains an open question, her personal impact, particularly on Black women, is undeniable: a resounding affirmation and inspiration. Here are a few reflections from members of the Boston College Law School community.

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Visiting a Concentration Camp Site 77 Years After Korematsu

All that remains of the Heart Mountain concentration camp, where the United States imprisoned over 14,000 Americans of Japanese descent between 1942 and 1945, is the camp’s hospital building. Over the course of a few months in 1942, the federal government transformed hundreds of acres in remote northwest Wyoming—near Yellowstone National Park—into the state’s third most populous city. The valley plain beneath Heart Mountain became one of ten “Relocation Centers,” the Orwellian name given to the World War II era camps in which over 100,000 people were imprisoned on the basis of their Japanese heritage. Back then, Heart Mountain was a bustling camp consisting of barracks, mess halls, toilet and laundry facilities, recreation spaces, workshops, schools, the hospital, a courthouse, administration buildings, nine guard towers, and a barbed-wire perimeter fence. This October, when I scanned the horizon for some sense of place or history, all I could make out was the original hospital building and snow-covered fields.

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Court Reform: Now is the Time

We are witnessing a critical moment in our nation’s history. Over the past few months, we have found ourselves looking inward at the traditional pillars of society, re-evaluating their fairness and justness.

A new organization, the BC Law Chapter of the People’s Parity Project, aims to evaluate and disable injustices within the legal community from the inside out. Writing a guest post today are organization leaders Daniel McLaughlin and Will Petrone, discussing court reform and the organization in general. If you are interested in getting involved with the BC chapter of the People’s Parity Project, contact bcparity@gmail.com.


Before we came to law school, many of us probably thought that the law and the legal system were inherently fair, and judges and justices were non-political. But as law students, we have some insight into the system, and as we’ve progressed through our law school careers, many of us have been surprised to see that judges are human. And importantly, the judiciary is not as insulated from politics and biases as we had once thought. These days, the Court is clearly politicized, and right now in particular, it is dominating the news cycle. Although most Americans think that the ​next president​ should fill the seat, Senate Republicans, representing less than half of the U.S. population, have confirmed Amy Coney Barrett’s appointment to the U.S. Supreme Court. Conservative justices now have a 6-3 majority, and are posed to threaten a woman’s right to choose, the Affordable Care Act, and so much more. 

Fortunately, law school’s peek behind the curtain allows us a sliver of hope. Court reform is possible, and it would make sure that the death of one justice does not pose such a drastic threat to civil rights, our environment, and health care for all. It would also help to make sure that courts are not able to block the ​progress​ the majority of this country believes is necessary and wants to see. With the election so close at hand, it’s all the more important to advocate for these reforms to the candidates who seek to secure our votes, and channel our frustrations with the current system into momentum for change. 

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RBG Left Us a Roadmap for a More Just Nation

 

While attending University of Chicago in 2018, I had the good fortune to have a part-time job as a community outreach coordinator for the soon-to-be-released “RBG” documentary. On premiere night at the Chicago Gold Coast theater the Chicagoans I had come to know turned out in force. The gray-haired justice book group was followed by some little girls with their mothers. Film buffs, law students, elected officials, and a church group were all present and excited to learn more about this notorious intellectual giant. Everyone was moved by her story. The little girl who went in wearing an RBG costume came out standing a little taller in her black robe and jabot. This was the power of her transcendent appeal. 

More recently, as a CNN Associate Producer covering the Supreme Court, I was assigned a retrospective story about Justice Ginsburg’s most impactful decisions during her long career. I wrote the story factually and objectively, with no fanfare, and placed it in reserve for what I hoped would be a very long time. 

But she deserved fanfare. 

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The Fall from Grace: Tackling Choice and Moral Culpability in Class

“This seems like a philosophical question.”

My classmate was trying to parse the Supreme Court’s reasoning in two cases with similar facts and different outcomes. Our professor did not seem enthusiastic about the prospect of a philosophical discussion. Some professors teach introductory law classes like a foreign language, immersing students in legal syntax and vocabulary until its functioning becomes intuitive and fluid. Imagine trying to teach French students to conjugate a verb while they’re working on a grand theory for the union of sound and thought. You would get further by just drilling, “Je vais à la plage. Tu vas à la plage. Il/Elle/On va à la plage.” So our professor responded with a pointedly practical answer spelling out the officially recognized legal rule at work in the two decisions.

But there was an interesting, philosophical issue beneath the surface of the Court’s reasoning, even if we didn’t have enough time to cover it. These are the two cases:

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