Greer Donley
@greerdonley.bsky.social
Prof @PittLaw, writing about abortion rights, pregnancy loss & other repro issues. Views my own. Bylines @NYT @Atlantic & more
Pinned
Greer Donley
@greerdonley.bsky.social
· Dec 1
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....
Reposted by Greer Donley
NEW: After doctors sent her home with a racing heart, Ciji Graham came to believe the best way to protect her health was to end her pregnancy.
But new restrictions in NC and nearby states made finding an abortion provider difficult.
www.propublica.org/article/nort...
But new restrictions in NC and nearby states made finding an abortion provider difficult.
www.propublica.org/article/nort...
A Pregnant Woman at Risk of Heart Failure Couldn’t Get Urgent Treatment. She Died Waiting for an Abortion.
In a state that had legislated its commitment to life, Graham spent her final days struggling to find anyone to save hers.
www.propublica.org
January 14, 2026 at 11:27 AM
NEW: After doctors sent her home with a racing heart, Ciji Graham came to believe the best way to protect her health was to end her pregnancy.
But new restrictions in NC and nearby states made finding an abortion provider difficult.
www.propublica.org/article/nort...
But new restrictions in NC and nearby states made finding an abortion provider difficult.
www.propublica.org/article/nort...
Great NYT piece showing that despite massive changes in law & policy after Dobbs, the # of abortions have increased every year. That could change quickly, but is quite remarkable. ⭐ quotes from @dsc250.bsky.social @carolejoffe.bsky.social @ushma.bsky.social & others. www.nytimes.com/2025/12/09/u...
Three Years After Dobbs, ‘the Reality Is People Are Getting Abortions’
www.nytimes.com
December 10, 2025 at 1:43 PM
Great NYT piece showing that despite massive changes in law & policy after Dobbs, the # of abortions have increased every year. That could change quickly, but is quite remarkable. ⭐ quotes from @dsc250.bsky.social @carolejoffe.bsky.social @ushma.bsky.social & others. www.nytimes.com/2025/12/09/u...
If the Trump FDA does eventually tighten abortion pill regulation, all of these public quotes that identify it as a political decision will only make the arbitrary & capricious challenge stronger... bloomberg.com/news/articles/2025-12-08/fda-slow-walking-a-long-awaited-abortion-pill-safety-study
FDA Slow Walking a Long-Awaited Abortion Pill Safety Study
The Food and Drug Administration has delayed a promised review of safety data for the abortion drug mifepristone at Commissioner Marty Makary’s request to put it off until after the midterm elections,...
bloomberg.com
December 10, 2025 at 1:35 PM
If the Trump FDA does eventually tighten abortion pill regulation, all of these public quotes that identify it as a political decision will only make the arbitrary & capricious challenge stronger... bloomberg.com/news/articles/2025-12-08/fda-slow-walking-a-long-awaited-abortion-pill-safety-study
I recognize this is a provocative conclusion. It is meant to start a conversation, not end it. I’m deeply in debt to the many folks who helped me with this piece, esp the property law scholars who were patient with me as waded into a totally new field (which I hope to never write in again 🤣)!
December 1, 2025 at 3:35 PM
I recognize this is a provocative conclusion. It is meant to start a conversation, not end it. I’m deeply in debt to the many folks who helped me with this piece, esp the property law scholars who were patient with me as waded into a totally new field (which I hope to never write in again 🤣)!
Finally, I briefly explore what a property theory of the body could mean for self-sovereignty, including a new articulation of abortion rights through a property lens (right to exclude & destroy) and a constitutional lens (takings, due process, involuntary servitude).
December 1, 2025 at 3:35 PM
Finally, I briefly explore what a property theory of the body could mean for self-sovereignty, including a new articulation of abortion rights through a property lens (right to exclude & destroy) and a constitutional lens (takings, due process, involuntary servitude).
I rely heavily on Margaret Radin’s articulation of property that can be relational & constitutive of our personhood. Importantly, I am not comparing a fetus to fungible goods, but to the most personal form of property, where the owner’s rights are the strongest.
December 1, 2025 at 3:35 PM
I rely heavily on Margaret Radin’s articulation of property that can be relational & constitutive of our personhood. Importantly, I am not comparing a fetus to fungible goods, but to the most personal form of property, where the owner’s rights are the strongest.
If the fetus is a part/product of the PP’s body, & parts/products are property, then she may have a property interest in her fetus *before* birth. I argue that a property theory of the fetus best embodies subjective fetal value, where the *PP* decides its meaning (loved child, clump of cells, etc).
December 1, 2025 at 3:35 PM
If the fetus is a part/product of the PP’s body, & parts/products are property, then she may have a property interest in her fetus *before* birth. I argue that a property theory of the fetus best embodies subjective fetal value, where the *PP* decides its meaning (loved child, clump of cells, etc).
From here, I build out a theory of the fetus. I start by looking at the legal status of body parts & products, concluding we have a property interest in them, so long as they are not abandoned. I describe the deep historical roots of self-ownership & how it differs from+protects *against* slavery.
December 1, 2025 at 3:35 PM
From here, I build out a theory of the fetus. I start by looking at the legal status of body parts & products, concluding we have a property interest in them, so long as they are not abandoned. I describe the deep historical roots of self-ownership & how it differs from+protects *against* slavery.
Those sections describe how other forms of biological human life are not constitutional persons (brain dead humans, immortal cell lines, frozen embryos); why the fetus is a part of the PP's body (not a separate entity contained within her); & how the lived experience of pregnancy is subjective.
December 1, 2025 at 3:35 PM
Those sections describe how other forms of biological human life are not constitutional persons (brain dead humans, immortal cell lines, frozen embryos); why the fetus is a part of the PP's body (not a separate entity contained within her); & how the lived experience of pregnancy is subjective.
The article begins w 3 premises about the fetus. 1. The fetus is both biologically 'living' & human, but not a constitutional person. 2. The fetus is a part & product of the pregnant person’s ("PP's") body. 3. The fetus’s value is defined by the PP’s subjective relationship w it (or lack thereof).
December 1, 2025 at 3:35 PM
The article begins w 3 premises about the fetus. 1. The fetus is both biologically 'living' & human, but not a constitutional person. 2. The fetus is a part & product of the pregnant person’s ("PP's") body. 3. The fetus’s value is defined by the PP’s subjective relationship w it (or lack thereof).
This Article considers the question: what is the fetus’s constitutional status, if it’s not a “person.” There are defensive & offensive reasons for this inquiry. An alternative theory of the fetus gets us off fetal personhood’s turf & may also create a new foundation for abortion rights.
December 1, 2025 at 3:35 PM
This Article considers the question: what is the fetus’s constitutional status, if it’s not a “person.” There are defensive & offensive reasons for this inquiry. An alternative theory of the fetus gets us off fetal personhood’s turf & may also create a new foundation for abortion rights.
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....
December 1, 2025 at 3:35 PM
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....
Reposted by Greer Donley
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....
papers.ssrn.com/sol3/papers....
A Non-Person Theory of the Fetus
If the fetus is not a constitutional person, what is it constitutionally? This Article tackles this exceptionally challenging question through an abortion-right
papers.ssrn.com
November 26, 2025 at 5:14 PM
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....
papers.ssrn.com/sol3/papers....
Thanks, @hankgreely.bsky.social!! I posted it with trepidation. I’m sure this paper will get me in trouble haha. I’m going to do a thread on it next week hopefully.
November 26, 2025 at 5:37 PM
Thanks, @hankgreely.bsky.social!! I posted it with trepidation. I’m sure this paper will get me in trouble haha. I’m going to do a thread on it next week hopefully.
Reposted by Greer Donley
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...
November 20, 2025 at 10:19 PM
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...
Reposted by Greer Donley
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
#fda #mifepristone #research
November 19, 2025 at 2:41 PM
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
#fda #mifepristone #research
Reposted by Greer Donley
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.
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.
NEW:
In 2024, Tierra Walker was sick and getting sicker. She was also pregnant.
She knew abortion was illegal in Texas, but thought there was an exception for women like her, whose health was at risk. Doctors told her there was no emergency.
Then she died.
www.propublica.org/article/texa...
In 2024, Tierra Walker was sick and getting sicker. She was also pregnant.
She knew abortion was illegal in Texas, but thought there was an exception for women like her, whose health was at risk. Doctors told her there was no emergency.
Then she died.
www.propublica.org/article/texa...
“Ticking Time Bomb”: A Pregnant Mother Kept Getting Sicker. She Died After She Couldn’t Get an Abortion in Texas.
Walker is one of several women ProPublica found with underlying health conditions who died when they couldn’t access abortions.
www.propublica.org
November 19, 2025 at 2:15 PM
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.
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.
My heart breaks for this family.
November 19, 2025 at 1:36 PM
My heart breaks for this family.
“The pressures on a doc to decide not to perform an…abortion are…enormous, & bc [the ban] authorizes--& requires--the doc to decide, at his peril, whether an abortion is necessary, a woman whose life is at stake may be as effectively condemned to death as if the law flatly prohibited all abortions.”
November 19, 2025 at 1:36 PM
“The pressures on a doc to decide not to perform an…abortion are…enormous, & bc [the ban] authorizes--& requires--the doc to decide, at his peril, whether an abortion is necessary, a woman whose life is at stake may be as effectively condemned to death as if the law flatly prohibited all abortions.”
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:
NEW:
In 2024, Tierra Walker was sick and getting sicker. She was also pregnant.
She knew abortion was illegal in Texas, but thought there was an exception for women like her, whose health was at risk. Doctors told her there was no emergency.
Then she died.
www.propublica.org/article/texa...
In 2024, Tierra Walker was sick and getting sicker. She was also pregnant.
She knew abortion was illegal in Texas, but thought there was an exception for women like her, whose health was at risk. Doctors told her there was no emergency.
Then she died.
www.propublica.org/article/texa...
“Ticking Time Bomb”: A Pregnant Mother Kept Getting Sicker. She Died After She Couldn’t Get an Abortion in Texas.
Walker is one of several women ProPublica found with underlying health conditions who died when they couldn’t access abortions.
www.propublica.org
November 19, 2025 at 1:36 PM
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:
Reposted by Greer Donley
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.”
A shift in mifepristone regulation could dramatically change abortion access throughout the country, and health advocates and litigators are closely watching how the FDA justifies any changes.
By @sofiaresnick.bsky.social / @statesnewsroom.com
www.newsfromthestates.com/article/fdas...
By @sofiaresnick.bsky.social / @statesnewsroom.com
www.newsfromthestates.com/article/fdas...
FDA’s abortion-pill safety review under growing scrutiny
The U.S. Food and Drug Administration is facing increasing pressure from abortion opponents and advocates over how it regulates a drug that has become central to abortion access since Roe v. Wade was ...
www.newsfromthestates.com
November 18, 2025 at 9:28 PM
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.”
Reposted by Greer Donley
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.
October 31, 2025 at 10:25 PM
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.
Reposted by Greer Donley
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.
There's this case and two other federal cases - in Washington and in Virginia.
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.
October 31, 2025 at 1:38 PM
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.
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.
October 31, 2025 at 12:23 PM
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.
If you want to learn more about the mife REMS and why it should be removed entirely, read my article "Medication Abortion Exceptionalism" in Cornell Law Review. I actually discuss this case quite a bit, and it's awesome to finally see a summary judgment order! papers.ssrn.com/sol3/papers....
Medication Abortion Exceptionalism
Though state laws dominate the abortion debate, there is a federal abortion policy that significantly curtails access to early abortion in all fifty states. The
papers.ssrn.com
October 31, 2025 at 2:08 AM
If you want to learn more about the mife REMS and why it should be removed entirely, read my article "Medication Abortion Exceptionalism" in Cornell Law Review. I actually discuss this case quite a bit, and it's awesome to finally see a summary judgment order! papers.ssrn.com/sol3/papers....