Mary Ziegler
@maryrziegler.bsky.social
Historian, Law Professor, Guggenheim Fellow, 7 books, including Personhood and Roe: The History of a National Obsession. Bylines in the NYT, Atlantic, CNN, MSNBC, and Slate.
Mary R. Ziegler is an American legal scholar. She is the Martin Luther King Jr. Professor of Law at the University of California, Davis School of Law.
Source: Wikipedia
Political science
59%
Law
9%
Not presumptuous at all! Will look forward to reading. :)
NEW: On the shadow docket, the Supreme Court lets Trump resume misgendering trans Americans on their passports, claiming "the government is merely attesting to a historical fact without subjecting anyone to differential treatment." All three liberals dissent. www.documentcloud.org/documents/26...
![This case concerns an Executive Branch policy requiring
all new passports to display an individual’s biological sex at
birth. The United States District Court for the District of
Massachusetts preliminarily enjoined the Government
from enforcing the policy, and the First Circuit declined to
stay the injunction pending appeal. The Government then
filed this stay application. Applying our familiar stay fac-
tors at this preliminary stage, we grant the application.
Displaying passport holders’ sex at birth no more offends
equal protection principles than displaying their country of
birth—in both cases, the Government is merely attesting to
a historical fact without subjecting anyone to differential
treatment. And on this record, respondents have failed to
establish that the Government’s choice to display biological
sex “lack[s] any purpose other than a bare . . . desire to
harm a politically unpopular group.” Trump v. Hawaii, 585
U. S. 667, 705 (2018) (internal quotation marks omitted).
Nor are respondents likely to prevail in arguing that the
State Department acted arbitrarily and capriciously by de-
clining to depart from Presidential rules that Congress ex-
pressly required it to follow. See 22 U. S. C. §211a.](https://cdn.bsky.app/img/feed_thumbnail/plain/did:plc:6h7b2i6ttw3l4t7pvbvxdith/bafkreiacrtgoecxjy5y7ojz7xzbun4c4nwutjcvqn4qb4p25ldpt6va5lu@jpeg)
Writing a piece on the history and current use of the idea of "biological sex" with Reva Siegel now--check out what it's doing below. The idea is playing a major role in these cases--and in the Court's potential rethinking of sex discrimination writ large. Stay tuned for more on that!
NEW: On the shadow docket, the Supreme Court lets Trump resume misgendering trans Americans on their passports, claiming "the government is merely attesting to a historical fact without subjecting anyone to differential treatment." All three liberals dissent. www.documentcloud.org/documents/26...
NEW: Judge Matt Kacsmaryk transferred ongoing lawsuit against the FDA over abortion drug mifepristone to the Eastern District of Missouri. (Trump DOJ said AGs of Missouri, Kansas, Idaho couldn't sue in TX.) Denies motions to intervene from AGs of TX, FL, LA
storage.courtlistener.com/recap/gov.us...
storage.courtlistener.com/recap/gov.us...
This will also delay resolution of the issue, which may suit the Trump Administration, while leaving open the possibility that the judge to whom the case is transferred will buy the arguments about the Comstock Act and FDA authority.
Susan Rinkunas
@susanrinkunas.com
· Oct 1
NEW: Judge Matt Kacsmaryk transferred ongoing lawsuit against the FDA over abortion drug mifepristone to the Eastern District of Missouri. (Trump DOJ said AGs of Missouri, Kansas, Idaho couldn't sue in TX.) Denies motions to intervene from AGs of TX, FL, LA
storage.courtlistener.com/recap/gov.us...
storage.courtlistener.com/recap/gov.us...
Mary Ziegler
@maryrziegler.bsky.social
· Jul 23
We were long promised that cross-border wars over abortion would center on wrongful death suits brought by men. This may be the start, in a suit filed by Jonathan Mitchell. Why is this a big deal?
It may feel like it's not because the TX state suit and Louisiana prosecution didn't go anywhere. /1
It may feel like it's not because the TX state suit and Louisiana prosecution didn't go anywhere. /1
Breaking, at the newsletter right now: jessica.substack.com/p/california...
Two more important things: 1) this suit is meant to get a federal court to finally interpret the Comstock Act as a ban/ force a response from SCOTUS and Trump; 2) it reinforces arguments for fetal personhood (note that is a class action on behalf of all "fathers of unborn children")
Mary Ziegler
@maryrziegler.bsky.social
· Jul 23
Courts in NY or CA were never going to enter antiabortion judgments. The goal? Win in federal court and force compliance. As far as that goes, there are strategic advantages to a civil wrongful death suit brought by a private citizen. Don't sleep on what this means for abortion-protective states.
Mary Ziegler
@maryrziegler.bsky.social
· Jul 23
Breaking, at the newsletter right now: jessica.substack.com/p/california...
We were long promised that cross-border wars over abortion would center on wrongful death suits brought by men. This may be the start, in a suit filed by Jonathan Mitchell. Why is this a big deal?
It may feel like it's not because the TX state suit and Louisiana prosecution didn't go anywhere. /1
It may feel like it's not because the TX state suit and Louisiana prosecution didn't go anywhere. /1
Mary Ziegler
@maryrziegler.bsky.social
· Jun 26
And, predictably, in Medina, Justice Thomas isn't content to axe Planned Parenthood from Medicaid.
He would go further ... "to reexamine more broadly this Court’s §1983 jurisprudence . . . ."
This is an invitation to undermine a major foundation of civil rights litigation.
He would go further ... "to reexamine more broadly this Court’s §1983 jurisprudence . . . ."
This is an invitation to undermine a major foundation of civil rights litigation.
Medina on its own will likely harder for plaintiffs to enforce other civil rights in federal court. And as far as reproductive health is concerned, this case could be part of a one-two punch if Trump's Big Beautiful Bill passes.
Reposted by Mary Ziegler
Melissa Murray
@profmmurray.bsky.social
· Jun 26
And, predictably, in Medina, Justice Thomas isn't content to axe Planned Parenthood from Medicaid.
He would go further ... "to reexamine more broadly this Court’s §1983 jurisprudence . . . ."
This is an invitation to undermine a major foundation of civil rights litigation.
He would go further ... "to reexamine more broadly this Court’s §1983 jurisprudence . . . ."
This is an invitation to undermine a major foundation of civil rights litigation.
Mary Ziegler
@maryrziegler.bsky.social
· Jun 18
Look at how much work the Court's abortion cases do here. The majority cites Dobbs to say that regulating a medical condition/procedure isn't sex discrimination, and another abortion case, Gonzales v. Carhart, to suggest that legislatures deserve discretion when there is scientific uncertainty.
BREAKING: Supreme Court upholds Tennessee ban on transgender youth medical care
www.nbcnews.com/politics/sup...
www.nbcnews.com/politics/sup...
Skrmetti caps off decades of movement work to rethink sex discrimination jurisprudence across the board. The goal was to ensure law could regulate based on biological difference, broadly defined --as one ADF attorney explained, to show that “one cannot deny the reality of biological sex.”
Reposted by Ameet Sarpatwari
Mary Ziegler
@maryrziegler.bsky.social
· Jun 18
BREAKING: Supreme Court upholds Tennessee ban on transgender youth medical care
www.nbcnews.com/politics/sup...
www.nbcnews.com/politics/sup...
Supreme Court upholds Tennessee ban on transgender youth medical care
The ruling is a major setback for transgender rights, with more than 20 states enacting laws similar to Tennessee’s.
www.nbcnews.com
Look at how much work the Court's abortion cases do here. The majority cites Dobbs to say that regulating a medical condition/procedure isn't sex discrimination, and another abortion case, Gonzales v. Carhart, to suggest that legislatures deserve discretion when there is scientific uncertainty.
Reposted by Ameet Sarpatwari
Supreme Court upholds Tennessee ban on transgender youth medical care
The ruling is a major setback for transgender rights, with more than 20 states enacting laws similar to Tennessee’s.
www.nbcnews.com
BREAKING: Supreme Court upholds Tennessee ban on transgender youth medical care
www.nbcnews.com/politics/sup...
www.nbcnews.com/politics/sup...
North Texas man accused of slipping abortion drug in pregnant girlfriend’s drink
A U.S. Department of Justice employee faces charges including capital murder after investigators say he forced an abortion by sneaking medication into a woman’s coffee.
www.star-telegram.com
Striking story: a man accused of putting abortion pills into his girlfriend's drink without her consent is being charged not with criminal abortion or reproductive coercion but with capital murder in Texas. A test for personhood politics in the state.
www.star-telegram.com/news/local/c...
www.star-telegram.com/news/local/c...
The strategy in this case, involving what movement members call a guardian for the unborn, has been a defining strategy for fetal personhood since the 1960s. There are more federal personhood cases in the pipeline like this one in MN: www.mprnews.org/story/2024/1...
Good point
The thrust: hospitals didn't know what to do because of Biden. The Trump Admin vows to enforce the law to prevent serious harm to "the health of a pregnant woman or her unborn child."
No guidance about how hospitals should, but a clear nod to the idea that the unborn child counts as a patient too.
No guidance about how hospitals should, but a clear nod to the idea that the unborn child counts as a patient too.
CMS Statement on Emergency Medical Treatment and Labor Act (EMTALA) | CMS
The Department of Health and Human Services and Centers for Medicare & Medicaid Services (“CMS”) are rescinding July 2022 guidance from CMS with the subject “Reinforcement of EMTALA Obligations specif...
www.cms.gov
Today, the Trump Admin issued this on EMTALA. What does it mean?
www.cms.gov/newsroom/pre...
www.cms.gov/newsroom/pre...
Mary Ziegler
@maryrziegler.bsky.social
· May 28
The Origins and Proliferation of Unfounded Comparisons Regarding the Safety of Mifepristone - Lozier Institute
Abstract As part of the substantial public discourse surrounding the distribution and use of mifepristone, which is used with misoprostol to facilitate drug-induced abortions, claims comparing the saf...
lozierinstitute.org
The study designed to give Trump a chance to revisit the rules governing mifepristone wasn't isolated. Here's the sequel; we'll see if it prompts HHS to end telehealth access. lozierinstitute.org/the-origins-...
Mary Ziegler
@maryrziegler.bsky.social
· May 28
Do you have the PDF? When I try the links from the MO courts? I get this error message from the link
Mary Ziegler
@maryrziegler.bsky.social
· May 28
Anyone have a copy of the MO Supreme Court order from yesterday, and Judge Zhang's February ruling? The MO courts page seems to be down?
Mary Ziegler
@maryrziegler.bsky.social
· May 27
A TX bill to let private citizens sue people who mail abortion pills into the state WON'T pass after missing a key deadline.
It's a loss for the state's anti-abortion movement. The bill had been cited as a possible model for other ban states.
I spoke to anti-abortion activists about what's next.
It's a loss for the state's anti-abortion movement. The bill had been cited as a possible model for other ban states.
I spoke to anti-abortion activists about what's next.
A Texas bill to block abortion pills has died for now
Senate Bill 2880, which supporters hoped could halt a key source of abortion, will likely not get a vote before the end of the session.
19thnews.org
Huge news. This bill was heralded as a model for other states. My guess is that it was taken down by its language blocking state courts from ruling on its constitutionality. Don't be surprised if many of these proposals are back, in TX and elsewhere, minus that idea.
Reposted by Mary Ziegler
Shefali Luthra
@shefali.bsky.social
· May 27
A Texas bill to block abortion pills has died for now
Senate Bill 2880, which supporters hoped could halt a key source of abortion, will likely not get a vote before the end of the session.
19thnews.org
A TX bill to let private citizens sue people who mail abortion pills into the state WON'T pass after missing a key deadline.
It's a loss for the state's anti-abortion movement. The bill had been cited as a possible model for other ban states.
I spoke to anti-abortion activists about what's next.
It's a loss for the state's anti-abortion movement. The bill had been cited as a possible model for other ban states.
I spoke to anti-abortion activists about what's next.
Reposted by Mary Ziegler
Julie Rovner
@julierovner.bsky.social
· May 23
Bill With Billions in Health Program Cuts Passes House - KFF Health News
The House narrowly passed a budget reconciliation bill, including billions of dollars in tax cuts for the wealthy along with billions of dollars in cuts to health program spending. But the Senate is e...
kffhealthnews.org
worth the wait - this week's #WTHealth podcast! With @alicemiranda.bsky.social, @annaedney.bsky.social, and @sarahkarlin-smith.bsky.social, plus @maryrziegler.bsky.social on her new personhood book!
kffhealthnews.org/news/podcast...
kffhealthnews.org/news/podcast...
Mary Ziegler
@maryrziegler.bsky.social
· May 19
The GA AG claims that Adriana Smith doesn't have to be kept on life support because taking her off wouldn't qualify as a "direct abortion" and violate the state's ban. But that's wrong because GA's law is a *fetal personhood* law. Want to learn more? I have a book!
www.amazon.com/Personhood-N...
www.amazon.com/Personhood-N...
Mary Ziegler
@maryrziegler.bsky.social
· May 19
Case of brain-dead pregnant woman kept on life support in Georgia raises tricky questions
The case of a pregnant woman in Georgia who was declared brain dead and has been on life support for three months has given rise to complicated questions about abortion law and whether a fetus is a pe...
apnews.com
AP's reporting on GA may confuse readers. It says pro-lifers are divided on personhood bills. That's true of bills authorizing punishment of women but NOT of the idea of personhood, which is what is driving events in Georgia. This isn't an outlier.
apnews.com/article/preg...
apnews.com/article/preg...
Mary Ziegler
@maryrziegler.bsky.social
· May 15
During today's HHS budget hearing, Hawley brought up that junk science report & asked RFK if he believes this is reason enough to restrict access to the abortion pill mifepristone.
RFK: “The new data... it’s alarming & clearly it indicates that at very least that the label should be changed."
RFK: “The new data... it’s alarming & clearly it indicates that at very least that the label should be changed."
"Investigation" into mifepristone has been a defining policy. At first, this was a way to buy time, given that the abortion issue hurts Republicans. Now it looks like political cover. Trump's past talk of state's rights will be portrayed as sincere; he will say that new data have changed his mind.
Reposted by Mary Ziegler
Steve Vladeck
@stevevladeck.bsky.social
· May 15
To be clear, it’s not that there are five votes to *uphold* Trump’s patently unlawful and unconstitutional limits on birthright citizenship; it’s that there seem to be five votes to hold that district courts can grant relief only to plaintiffs—so the policy would go into effect against all others.
Reposted by Mary Ziegler
During today's HHS budget hearing, Hawley brought up that junk science report & asked RFK if he believes this is reason enough to restrict access to the abortion pill mifepristone.
RFK: “The new data... it’s alarming & clearly it indicates that at very least that the label should be changed."
RFK: “The new data... it’s alarming & clearly it indicates that at very least that the label should be changed."
'Personhood' argues fetal rights are the next frontier of the anti-abortion movement : NPR's Book of the Day
Mary Ziegler is a law professor at UC Davis and a leading scholar on the abortion debate. In her new book Personhood, she argues that the anti-abortion movement's ultimate goal is fetal personhood, wh...
www.npr.org
Wow--honored that @npr picked Personhood as the book of the day.
www.npr.org/2025/05/08/1...
You can pick up a copy here: www.amazon.com/Personhood-N...
www.npr.org/2025/05/08/1...
You can pick up a copy here: www.amazon.com/Personhood-N...