The Yale Law Journal

Reva B. Siegel

Forum

How Conflict Entrenched the Right to Privacy

Reva B. Siegel

We are about to mark the fiftieth anniversary of Griswold v. Connecticut,1 a 1965 case in which the Supreme Court struck down a Connecticut law that criminalized the use of contraception, in the process giving birth to the modern right to privacy. From Griswold’s understanding of “libert…

Feature

Before (and After) Roe v. Wade: New Questions About Backlash

Linda Greenhouse & Reva B. Siegel

120 Yale L.J. 2028 (2011). 

Today, many Americans blame polarizing conflict over abortion on the Supreme Court. If only the Court had stayed its hand or decided Roe v. Wade on narrower grounds, they argue, the nation would have reached a political settlement and avoided backlash. We question this c…

Article

From Colorblindness to Antibalkanization: An Emerging Ground of Decision in Race Equality Cases

Reva B. Siegel

120 Yale L.J. 1278 (2011). 

For decades, the Supreme Court has sharply divided in equal protection race discrimination cases. As commonly described, the Justices disagree about whether the Equal Protection Clause is properly interpreted through a colorblind anticlassification principle concerned wi…

Feature

Introduction: The Constitutional Law and Politics of Reproductive Rights

Reva B. Siegel

118 Yale L.J. 1312 (2009).

Feature

Dignity and the Politics of Protection: Abortion Restrictions Under Casey/Carhart

Reva B. Siegel

117 Yale L.J. 1694 (2008).

This essay on the law and politics of abortion analyzes the constitutional principles governing new challenges to Roe. The essay situates the Court’s recent decision in Gonzales v. Carhart in debates of the antiabortion movement over the reach and rationale of statutes de…

Article

Legislative Constitutionalism and Section Five Power: Policentric Interpretation of the Family and Medical Leave Act

Robert C. Post & Reva B. Siegel

112 Yale L.J. 1943 (2003)

The Court is now striking down a variety of federal civil rights statutes as beyond Congress's power under Section 5 of the Fourteenth Amendment. In imposing limits on federal authority to enact civil rights laws, the Court has invoked a particular understanding of separatio…

Essay

Equal Protection by Law: Federal Antidiscrimination Legislation After Morrison and Kimel

Robert C. Post & Reva B. Siegel

110 Yale L.J. 441 (2000)

Last Term, the Supreme Court sent ominous signals about the future of federal antidiscrimination law. The Court twice ruled that Congress lacked power under Section 5 of the Fourteenth Amendment to enact laws prohibiting discrimination. In Kimel v. Florida Board of Regents, …