Battle for the Constitution: Week of May 17th, 2021 Roundup

Below is a round-up of the latest from the Battle for the Constitution, a special project on the constitutional debates in American life, in partnership with The Atlantic.

The War on Trans Kids Is Totally Unconstitutional

By Ronald J. Krotoszynski Jr., John S. Stone Chairholder of Law and Director of Faculty Research, University of Alabama School of Law

Ronald J. Krotoszynski Jr. argues that recent legislation targeting transgender children and outlawing certain medical treatments for them is unconstitutional because, among other things, it singles out a minority group for unfavorable treatment, infringes on parental rights to raise their children as they see fit, and has no rational basis.

How to Actually Prosecute the Financial Crimes of the Very Rich

By Paul E. Pelletier, Adjunct Professor, George Washington University Law School

Paul E. Pelletier writes that the rich essentially live by different legal rules when it comes to fraud, but that the Department of Justice can change that by focusing resources and elite teams on the issue, as well appointing a czar to oversee prosecutions of white-collar fraud.

The Country Is on the Cusp of a New Era

By Kimberly Wehle, Professor of Law, University of Baltimore School of Law

Kimberly Wehle discusses the New York Attorney General’s criminal investigation into the Trump organization, and says that, for the first time in American history, a former president may be indicted and put on trial.

The Abortion Fight Has Never Been About Just Roe v. Wade

By Mary Ziegler, Stearns Weaver Miller Professor, Florida State University College of Law

Mary Ziegler details the past and current motivations of the anti-abortion movement, as well as the legal arguments used to support its positions, and says that not only overturning Roe, but outlawing all abortions are the real aims of the movement.