The following article summarizes the original event which is listed below the summary.
Understanding the evolution and intricacies of abortion and affirmative action law
As a lawyer, I have always found it difficult to understand and explain the intricacies of constitutional law. Not so for University of Minnesota law professor Jill Hasday, the guest speaker for UMRA’s September 26 luncheon forum. She deftly explained the evolution of abortion and affirmative action law over the past century. Both are subjects of recent U.S. Supreme Court cases which rejected precedent established in decisions from the 1970s and beyond. Instead, the court relied on the original understanding of the 14th Amendment to the U.S. Constitution as it was passed in 1868. Notably, lawmakers in 1868 were all white males who weren’t thinking about abortion, women’s rights, or discrimination, Professor Hasday said.
The 2022 Dobbs v. Jackson Women’s Health decision concludes that there is no federal constitutional right to abortion, Hasday explained. A state may act to ban abortions unless the state’s constitution establishes a right. For example, the Minnesota Supreme Court has interpreted Minnesota’s constitution to provide a right to abortion.
As for the 2023 Student for Fair Admissions v. Harvard affirmative action decision, Hasday said the significant change is the court’s rejection of racial diversity as a compelling governmental interest. If a race-conscious decision helps some people then, the court said, it is harming others and impermissible. Subsequent lawsuits against the West Point military academy for using race and ethnicity as factors in admissions, and a college using non-racial factors with the goal of increasing racial diversity among its students will test the impact of this decision.
Great questions from the UMRA audience circled around whether the Supreme Court is more partisan than in the past, ethical questions raised about some justices, and the implications of these recent decisions for Minnesota. Perhaps we will need a return visit from Professor Hasday to keep us informed on the next round of blockbuster decisions?
—Julie Sweitzer, UMRA president-elect and Program Committee chair
The impact of the U.S. Supreme Court’s recent 'blockbuster’ case decisions
Tue, September 26 2023, 11am
Jill Hasday
Distinguished McKnight University Professor and Centennial Professor of Law
University of Minnesota Law School
Midland Hills Country Club
2001 Fulham Street
Roseville, Minn. 55113
Over its past two terms, the U.S. Supreme Court has issued several decisions in what many legal experts, including University of Minnesota Professor Jill Hasday, consider to be “blockbuster” cases. From its seminal abortion decision in June 2022, to its June 2023 decisions involving affirmative action and other closely watched matters, the court's conservative majority has left an indelible mark on American jurisprudence.
To discuss the meaning and impact of these blockbuster cases, UMRA welcomes Professor Hasday as the guest speaker for our September 26 luncheon forum. Hasday will discuss four cases in particular: the abortion decision, Dobbs v. Jackson Women's Health Organization; the affirmative action decision, Students for Fair Admissions v. Harvard College; the Christian web designer case, 303 Creative LLC v. Elenis;and the student loan forgiveness case, Biden v. Nebraska. In all these cases, the conservative majority prevailed.
Hasday will share her perspective on these cases and, during the Q & A period following her presentation, will answer questions about these and other Supreme Court cases that may be on your mind.
Hasday is a Distinguished McKnight University Professor and the Centennial Professor of Law at the U of M Law School. She teaches and writes about anti-discrimination law, constitutional law, family law, and legal history. Hasday graduated from Yale College and Yale Law School. After law school, she clerked for Judge Patricia Wald of the U.S. Court of Appeals for the District of Columbia Circuit.
Hasday’s law review articles and legal books are recognized nationally. Her book Intimate Lies and the Law won the 2020 Scribes Book Award “for the best work of legal scholarship published during the previous year,” and the Foreword INDIES Family & Relationships gold award. You may have heard Hasday speak on Minnesota Public Radio or other media outlets, as she is a frequent commentator sharing her insights on the latest Supreme Court decisions.
UMRA is fortunate to have Professor Hasday as our September forum speaker. Please make your reservation today and join us at 11 a.m. on Tuesday, September 26, at Midland Hills Country Club in Roseville to kick off our UMRA forum series for the 2023–24 academic year.
—Barbara Shiels, UMRA Program Committee