My latest article, “A Non-Person Theory of the Fetus,” is finally online (forthcoming in Boston College Law Review). I have been thinking about this paper’s very tricky question for nearly 4 years, and I’m relieved it’s finally out in the world. 🧵👇 papers.ssrn.com/sol3/papers....

Just saw this @greerdonley.bsky.social piece on SSRN. Haven't read it yet (downloaded!) but from the abstract it looks smart & interesting. In utero embryo fetus as property. I've LONG been irked by the law's unwillingness to call human "stuff" (not humans) property. papers.ssrn.com/sol3/papers....

Excited to be part of tomorrow’s Fordham Law symposium on my amazing colleague @dsc250.bsky.social’s important new book with the wonderful Carole Joffe about how abortion providers have navigated the challenges of the post-Dobbs landscape. Join us! fordham.zoom.us/webinar/regi...

In a recent @jama.com viewpoint, CONVERGE’s @greerdonley.bsky.social + colleagues breakdown how 2 legal cases about mifepristone could have broad implications for FDA authority, state drug regulation, and biomedical innovation long term. jamanetwork.com/journals/jam... #fda #mifepristone #research

It's not safe to be pregnant in Texas. Especially since everyone knew this would be the result of an abortion ban. But also, let's not forget - one of the 90+ doctors could have averted this. They are not off the hook just because Texas's law caused this.

Another preventable and tragic death because of Texas’s abortion ban. It reminds me of a quote from People v Belous, the 1969 California Supreme Court case that invalidated CA’s abortion ban before Roe. Though the ban had a life exception, the court still found that:

informative article with this hopeful kernel from @greerdonley.bsky.social :“Mifepristone manufacturer Danco Laboratories last year confirmed ongoing efforts to add miscarriage management as an approved use to its drug label. Were that to happen, it could be a game changer for access.”

Update on the interstate conflict over abortion. A NY court sided with a county clerk who refused to enter a motion to enforce Texas's judgment against a NY doctor. Why? The state's shield law prohibits him from helping Texas in its suit against NY doctor acting lawfully under NY's shield statute.

Great thread about the good decision in Hawaii yesterday. Too much attention has been paid to the antiabortion challenges to mife and not enough to the prochoice challenges to its overregulation. There's this case and two other federal cases - in Washington and in Virginia.

Finishing up arbitrary and capricious review for leg-reg this morning, where I had students read the 5CA alliance opinion w FDA's SCOTUS brief. Now my students can be really confused! Courts have found the mife REMS a&c b/c FDA failed to justify why it shouldn't have been stricter AND more lenient.

Good News that sounds like bad news: The District of Hawaii just found the FDA's 2023 mifepristone REMS modification unlawful and arbitrary & capricious! It's good news b/c the case was brought by medical orgs & docs arguing that FDA failed to justify why it kept strict & unnecessary REMS elements.

👇👇 Now in @jama.com: @greerdonley.bsky.social, Lewis Grossman & I explain that these preemption cases, while specifically about mifepristone, have implications for FDA and state drug regulation, biomedical innovation, and patient access more generally. jamanetwork.com/journals/jam...

Curious what the 4th Circuit's opinion in GenBioPro v. Raynes means for state mifepristone regulation? Check out my new piece with @pzettler.bsky.social & Lewis Grossman in JAMA. We argue that preemption arguments are not dead, even though the court upheld WVA's abortion ban. 1/2

This is bad, but also interesting how hard republicans are having to work to pressure the FDA under Trump to make any changes to the mife regulation (litigation, appeals from AGs, senators, religious leaders, etc.) Suggests to me that they don't think it's already coming?

I think LA thinks it's found a great plaintiff for standing purposes here. But they haven't. For very clear reasons -- someone injured in the past like this doesn't have standing for future-looking injunctive relief. This woman can sue for damages for harm she suffered, but not for an injunction.

Good thread

Great thread about the "new" case challenging FDA allowing mailed abortion pills.

NEW-ish: Louisiana is suing FDA over its 2023 REMS change for mifepristone, which removed the in-person dispensing requirement. That change allowed mail or pharmacy dispensing of mife after significant data showed it was safe and effective. A few things to note about this new lawsuit.

@autonomynews.co received a tip yesterday about concerns that the FDA seemed to have made some sort of change regarding mifepristone. As it turns out, it wasn’t bad news—a new generic has been approved.

This is bonkers. The antiabortion movement has put a full court press on FDA to restrict mifepristone, and everyone is on edge that it will do so. So what does FDA do? It approves a new generic mifepristone without changing anything about the restrictions. Thank you RFK? ?!?!

NEW: On Tuesday, FDA approved a new generic for mifepristone from Evita Solutions. The FDA also modified the shared REMS for mifepristone to include the new generic. You can see the company's announcement here: www.evitasolutionsllc.com

I think David is exactly right, although I guess if I had to try to read the crystal ball, I'd lean in the direction that Trump will eventually do something on mifepristone. But it's unclear what, and it could take years. This letter buys them time to figure it out & make the political calculation.

🚨 Vote 11/4! -> State supreme court decisions determine our rights & freedoms! And we get to decide who makes those decisions! whyy.org/articles/pen...

Maria Rojas, a midwife in TX, was arrested in June for allegedly providing illegal abortions. But the indictment only has details about 1 case, which shows that Rojas was providing miscarriage care ‼️ The witness says Rojas prescribed misoprostol b/c she thought the pregnancy was not viable.

The KU Law Review is putting on a fantastic symposium this fall (10/17) entitled State Constitutions in Times of Federal Uncertainty. Schedule and registration link can be found here: law.ku.edu/academics/ha... Please share widely! We hope you can join us.

If the fetus is not a person under the constitution, what else might it be? I attempt to answer that question in my newest article, "A Non-Personhood Theory of Fetus," which is now forthcoming in Boston College Law Review. It's by far the hardest thing I've ever written. Hope to get it online soon!

Just received a letter that my promotion to full professor is now official! Huzzah! 🎉 My career would be nothing without the support I've received from mentors, colleagues, collaborators, friends, and family. I'm so grateful for all the people who have lifted me up and helped me get here. ❤️

NEW TODAY: Ken Paxton has filed a writ of mandamus in NY state court seeking to enforce the Texas court order against NY's abortion shield doctor.

BREAKING: Federal judge bars enforcement of the part of Tennessee's "abortion trafficking" law that criminalizes "recruiting" minors to obtain abortions on First Amendment grounds, finding that the law is unconstitutionally overbroad b/c it criminalizes communication about lawful abortions.

If you’re in Philly, save the date for the @womenslawproject.bsky.social annual fundraiser! WLP is a critical org fighting for abortion access and gender equity in PA. It’s going to be an awesome event!!

CONVERGE's Greer Donley, JD (@greerdonley.bsky.social) co-authored an article in JAMA International. Read the authors' discussion on Shield Laws, how upending them creates barriers for people in states with abortion bans, and how recent cases are impacting providers. jamanetwork.com/journals/jam...

And if you want to understand shield laws better, here's a short piece @greerdonley.bsky.social @rebouche.bsky.social and I just published in JAMA. The non-paywall draft is here.

NY Gov Kathy Hochul is really knocking it out of the park in her continued rebuffs of other states trying to punish NY abortion providers. Here's her newest statement directed at Ken Paxton, who once again tried to enforce a TX judgment against a NY doctor.

Check out this new piece from @dsc250.bsky.social, @rebouche.bsky.social, & me on shield laws, published in JAMA Internal Medicine. We discuss the recent cases involving red states attempting to attack shield providers, which have ultimately failed. papers.ssrn.com/sol3/papers....

If you work in comms & have an interest/background in sexual & reproductive health, check out this new comms position at CONVERGE (an interdisciplinary Pitt Center). The position probably won't be live for long! Happy to answer questions. cfopitt.taleo.net/careersectio...

Today marks the third anniversary of the Supreme Court's decision to overturn Roe v. Wade. What's happened since? A record number of women have been prosecuted. Pregnancy loss is now considered extremely suspicious, even when it has nothing to do with abortion.

It's incredible to see the impact of shield laws. 3 years after Dobbs & the number of abortions has only risen. Bans don't work. They didn't stop abortions before Roe & largely aren't stopping them after Dobbs. That doesn't mean they aren't very harmful 1/2 www.washingtonpost.com/nation/2025/...

Several states have adopted shield laws to protect providers of gender affirming care, including from out-of-state actors who want to punish them for treating ban-state residents. Some states cover repro but not GAC. Know your state’s law & advocate for your state leaders to strengthen protections

Important piece here. EMTALA is still the law.

How will Trump's action on EMTALA affect patients? Check out Kimi Chernoby & my latest in @bmj.com, arguing that though Trump's action on EMTALA will likely harm patients by increasing confusion, EMTALA still requires hospitals to provide emergency abortions. TLDR below. www.bmj.com/content/389/...

I love when I get to collaborate with my interdisciplinary colleagues at Pitt. We have a new paper out about how to mitigate the risks of FemTech post-Dobbs in Contraception. This link should provide 50 free days of access. authors.elsevier.com/c/1lDg~_FiCG...

ASLME is my favorite conference, and the only one I go to every year! Love seeing so many people I admire and who have supported me through the years! Wish I had more pictures, but loved this one. ❤️

Revoking the EMTALA guidance for abortion was expected and will have a tiny impact, but we should nevertheless be horrified that Republicans have fought so hard to defend abortion bans that prohibit women from accessing emergency abortions. www.nytimes.com/2025/06/03/u...

West Virginia plans to prosecute people who miscarry at home using laws related to disposal of human remains. Obviously, these cases aren't new, but a state seeking out miscarriage patients to criminally charge is so despicable. www.wboy.com/news/west-vi...

I don't know what to say anymore.

Not surprisingly, I agree with Greer here. This is a Georgia fetal personhood issue, not a Georgia abortion issue. Obviously the two are related, but here it's about the former.

There are a few things IMO that people are getting a little wrong about the GA woman (Adriana Smith) who is brain dead, but being kept alive because she is pregnant. Jump in if you think I'm getting any of this wrong: apnews.com/article/preg...

Why did this woman in South Carolina have to wait two weeks to get a D&C after learning her baby didn't have a heartbeat? Thread below to explain why abortion bans are over broad and devastating miscarriage care. people.com/woman-forced...

Hi! I’m a part of a team at Pitt that got a large grant and is looking to hire a comms person with a specific background in repro. If you or someone you know might be a good fit, please let me know!

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