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Judge Warns of Justice Department’s Gift to Trump That Could Keep on Giving
... -secret government documents and separately faces civil lawsuits for telling his MAGA loyal followers—who he knew were armed with rifles—to march on the Capitol building. "I think it's a legitimate concern. What the judge is getting at is the very real possibility of unforeseen consequences," said Vermont Law School professor Jared Carter. Chin was the lone voice of dissent on a three-judge panel at the Second Circuit Court of Appeals in New York City, which reviewed a legal dispute between Trump and the longtime Elle magazine advice columnist E. Jean Carroll. The two other appellate judges ...
September 29, 2022
Campaign Countdown: Inside Prop 2, Vermont’s slavery prohibition clarification
... with the Legislature having made its decision of, do we support that or not?" Hughes said. If adopted, Proposal 2 would slash that clause, replacing the text with the words "slavery and indentured servitude in any form are prohibited." Peter Teachout, a professor of constitutional law at the Vermont Law School, wrote Proposal 2′s language and says he thinks the update is unnecessary. "In terms of substantive rights, it makes absolutely no change, " he said. That's because Teachout disagrees with Hughes' interpretation of Article 1. "To claim that slaves could be legally bought and sold in the state -- ...
September 21, 2022
Torn Between Wanting To Save The Environment And Getting That Cool Esquire Honorific? Fear Not, Learned Green Thumb.
... is brought up? Want Con Law with a side of Environmental Justice? Tort and an ANWAR? Okay, enough of the Austin Powers bit — if you answered yes to any of those, you should pay attention to what Vermont Law is doing. As it looks to broaden its graduate degree offerings, the freshly rebranded Vermont Law and Graduate School — formerly known as Vermont Law School — has announced the creation of its new Vermont School for the Environment. Two new graduate degree programs will be housed in the school: a master's of climate and environmental policy and a master's of animal protection policy. Two ... , check out this list ranking law schools by their best Environmental Law programs. But no really go do something else. Spy x Family is really nice. Maybe go watch that? To everyone else already enrolled in a law program, this doesn't apply to you. This is your life now. Go outline. I'm
September 21, 2022
Does Animal Agriculture Cause Climate Change and Pandemics?
... . Minimal protections for chicken, turkey and duck are covered under a different regulation , which requires that the birds "not die from anything other than slaughter after arriving at the slaughter facility." Delcianna Winders, a professor and Director of the Animal Law and Policy Institute at Vermont Law School, writes , "For decades, industrial animal agriculture has benefited from a hands-off approach in nearly every area of the law, at every level of government." Animal activists and animal advocacy organizations continue to fight to establish legal rights for farmed and other exploited animals. ...
September 21, 2022
Vermont Law and Graduate School announces new environmental programs
Beth McCormack, interim president and dean at Vermont Law School, left, speaks during a press conference in Burlington where the school announced a new strategic direction in June. File photo by Glenn Russell/VTDigger As it looks to broaden its graduate degree offerings, the freshly rebranded Vermont Law and Graduate School — formerly known ... as Vermont Law School — has announced the creation of its new Vermont School for the Environment.   Two new graduate degree programs will be housed in the school: a master's of climate and environmental policy and a master's of animal protection policy.  Two existing programs, a master's of energy regulation and ... of a new farmed animal advocacy clinic, as well as a new Animal Law and Policy Institute. It will explore animal science and animal ethics, Rushlow said. The climate and environmental policy program, Rushlow said, focuses
September 20, 2022
Inside the ‘proving ground’ for a clean energy grid
... and adjust," Phillips said. Research priorities When EPRI was founded by utility sector leaders in 1972, its research budget was funded by a general assessment on U.S. power companies, said Michael Dworkin, a former EPRI board member and founder of the Institute for Energy and the Environment at Vermont Law School. That changed around three decades ago with EPRI's decision to put the cost of research on the utilities, government agencies or other clients that request it and are willing to pay. That way, a company with no nuclear reactors wasn't paying for reactor research, for example. About 90 percent of U ...
September 16, 2022
Late-term abortion in Article 22
... really does is ensure that no law in the future can be passed restricting your right to reproductive liberty," said Sam Donnelly from Reproductive Liberty Amendment Coalition.According to data from the Vermont Dept. of Health, less than 1% of abortions occur after 21 weeks, which is why attorney Meg York, with the Vermont Law School, argues that this type of rhetoric could be misleading." also deliberately distort the practical reality of abortion care here in Vermont," said York.Donahue says the goal is to simply make Vermonters aware of what they're voting on. MONT-TREMBLANT, ... really does is ensure that no law in the future can be passed restricting your right to reproductive liberty," said Sam Donnelly from Reproductive Liberty Amendment Coalition. According to data from the Vermont Dept. of Health, less than 1% of abortions occur after 21 weeks, which is why attorney Meg
September 13, 2022
Why Aren’t Federal Agencies Enforcing Pesticide Rules That Protect Farmworkers?
... requirements. But, most importantly, they want the agency to strictly enforce the Worker Protection Standard. "This would require appropriating resources for inspection and enforcement activities and holding unscrupulous employers accountable to the full extent possible under the law." The Vermont Law School report comes to similar conclusions. But a larger, more transformational fix is at the top of their list: "Congress should return jurisdiction over the regulation of pesticide-related occupational hazards, at least in part, to OSHA," they write. In the meantime, after about a year of symptoms, ...
September 07, 2022
Vermont’s Lone Law School Branches Out
... boasts a smattering of historic buildings and landmarks, including a memorial commemorating the birthplace of Joseph Smith, founder of the Church of Jesus Christ of Latter-day Saints. South Royalton's main claim to fame, however, is that it is home to the Green Mountain State's only law school. Vermont Law School has doled out juris doctor degrees to students from across New England and beyond since 1972. Many came to the sleepy village in central Vermont because of the college's sharp focus on environmental law and policy, as well as its progressive outlook on justice. Most Popular But like many small ... wobbly finances. Now, the only college in Vermont that offers a J.D. is looking to reinvent itself by betting big on a new slate of master's degree programs. In June, officials announced a restructuring plan that includes adding three new master's programs and changing the
September 06, 2022
All Things Chemical: Do We Need An Animal Protection Agency? - A Conversation With Prof. Delcianna J. Winders
This week I sat down with Professor Delcianna J. Winders, Professor and Animal Law and Policy Institute Director at the Vermont Law School. Professor Winders is a total rock star in the exploding area of animal law. Prior to joining the Vermont Law School faculty and founding the Animal Law and Policy Institute, Professor Winders was on the faculty of Lewis & Clark Law School. She previously served as Vice President and Deputy General Counsel at the People for the Ethical Treatment of Animals Foundation, was the first Academic Fellow of the Harvard ...
September 02, 2022
Judge dismisses challenge to Winooski’s noncitizen voting
... of the full age of eighteen years who is a citizen of the United States … shall be entitled to all the privileges of a voter of this state." But that section of the constitution refers to a person's ability to vote in state elections, not local ones, according to Peter Teachout, a professor at Vermont Law School who specializes in constitutional law.  Roughly 60 noncitizens voted in Winooski for the first time at Town Meeting Day in March, according to Lott.  GOP officials could bring the case to the Vermont Supreme Court, but proponents of the charter change believe the high court would also dismiss ...
September 01, 2022
The Inflation Reduction Act doesn't get around the Supreme Court's climate ruling in West Virginia v. EPA, but it does strengthen EPA's future abilities
... Congress for the EPA to take bold action needed to meet the profound challenge of climate change and transition to a sustainable economy. This article is republished from The Conversation, a nonprofit news site dedicated to sharing ideas from academic experts. It was written by: Patrick Parenteau, Vermont Law School. Patrick Parenteau does not work for, consult, own shares in or receive funding from any company or organization that would benefit from this article, and has disclosed no relevant affiliations beyond their academic appointment.
August 24, 2022
Reproductive rights
... disputed that her testimony supported the notion that the state could never impose any restrictions on abortion if the amendement were passed. "Article 22 is designed to codify the protections of Roe v. Wade, which are not unlimited," she wrote. Peter Teachout, a constitutional law expert at Vermont Law School, said nothing in Article 22 would prevent the state Supreme Court from upholding certain restrictions on abortion after viability if the Vermont legislature were to pass them. "Both (Article 22) and Roe simply require that if a state regulation interferes with that right (to abortion), at any ...
August 19, 2022
Biden climate law could expand controversial biogas industry
... new credits for the industry could incentivize already-big farms to grow, increasing emissions and other environmental harms such as runoff into waterways. "We're at a moment that really demands bold action on climate," said Ruthie Lazenby, a staff attorney at the environmental justice clinic at Vermont Law School. "When you really dig into the details, it's far less clear that biogas is actually a win for the climate." The law expands available tax credits for the industry to include biogas systems that produce heat and natural gas, previously available only to projects that generated electricity. It also ...
August 19, 2022
The campaign for — and against — November’s reproductive rights amendment has begun
... disputed that her testimony supported the notion that the state could never impose any restrictions on abortion if the amendement were passed. "Article 22 is designed to codify the protections of Roe v. Wade, which are not unlimited," she wrote. Peter Teachout, a constitutional law expert at Vermont Law School, said nothing in Article 22 would prevent the state Supreme Court from upholding certain restrictions on abortion after viability if the Vermont legislature were to pass them. "Both (Article 22) and Roe simply require that if a state regulation interferes with that right (to abortion), at any ...
August 18, 2022
Report that FBI sought nuclear documents sharpens Trump showdown with Justice Department
... really led to the search is now greater than Trump's interest in keeping the details under wraps. The public interest is arguably even greater in light of the Post's reporting about nuclear documentation. "For him to come back now and say, 'I don't want this' would be very odd and bizarre," said Jared Carter, a professor at Vermont Law School. But Trump doesn't play by normal rules. Given his lifelong record of exhausting every legal option to thwart accountability and the incapacity of judicial and political institutions to constrain him, a counter-intuitive legal strategy cannot be ...
August 12, 2022
Climate change, energy insecurity impact Connecticut residents’ health
The environmental impacts of climate change and a complex and often inefficient network of energy assistance programs are negatively affecting the health and well-being of Connecticut residents already burdened by the state's soaring utility costs, according to a new report. The report, "Energy Justice and Health in a Changing Climate," ... which is based on focus groups with Connecticut residents, was issued today (July 27) by the Yale School of Public Health's Center on Climate Change and Health, in partnership with the Vermont Law & Graduate School and Operation Fuel, a Connecticut-based nonprofit energy assistance and advocacy organization committed to equitable energy access. Student researchers from the Yale School of Public Health, Yale School of the Environment, and the ... for policy changes and other actions to address energy insecurity in Connecticut that will help
July 29, 2022
What You Should Know About Tara Flour, the Ingredient Behind the Daily Harvest Recall
... Daily Harvest is working hand in hand with the FDA and state agencies to investigate all possible causes of contamination, the recall raises concerns about food regulation for companies operating under non-traditional systems. In a recent article by Marketplace, Laurie Beyranevand, a professor at Vermont Law School and the director of the Center for Agriculture and Food Systems, points out that meal delivery services, like Daily Harvest, fall under retail food establishments, which makes them exempt from stringent food-facility registration requirements. Instead, regulation falls upon state and local ...
July 20, 2022
Can the EPA Get Environmental Justice Right?
... their Title VI complaints." Engelman Lado went from critic to insider when, last year, the Biden administration asked her to join the EPA. That hire and Regan's are promising signs of the administration ' s potential commitment to environmental justice, says Amy Laura Cahn, director of the Vermont Law School ' s Environmental Justice Clinic. A sign in Port Arthur reads, in part, "Upholding an excellent safety record, the Port Arthur refinery has been a significant factor in the city's development as a major petrochemical center." Photo by Roy Luck licensed under CC BY-NC-SA 4.0 Another is how ...
July 20, 2022
What states would ban same-sex marriage if the Supreme Court overturned Obergefell?
... perceive the disruption, and the potential undoing of settled expectations and arrangements that would attend to overruling Obergefell, too damaging to the nation to warrant turning back the clock and undoing the constitutional right to same-sex marriage," said Rodney A. Smolla, the president of Vermont Law School. Legal experts added that acceptance of same-sex marriage has grown steadily over time, adding to the risk of overturning Obergefell. "I don't think it's very likely, but no one really knows where this train stops next," said William & Mary law professor Timothy Zick. Is the Supreme Court likely ...
July 20, 2022
Tunbridge trails debate leads to larger issue of landowner control in Vermont
... ago. They rent the Dodge Farm property, which they purchased in 2015, to a Tunbridge resident. They also "have granted permission to a neighbor to pasture cows on the property" and use two barns. Pratt was a longtime production executive with CBS' Face the Nation. Echeverria is a professor at Vermont Law School and a property lawyer himself. Norwich attorney Geoffrey Vitt is representing the couple. The suit alleges that the Selectboard has not been open to taking into account the concerns about cyclists and continues to permit cyclists on the trail. Under state law, the suit maintains, permission wasn' ...
July 15, 2022
Roberts and Kavanaugh helped liberal justices secure some Supreme Court wins
... last month and defending COVID-19 vaccine requirements for healthcare workers in January. PRESSURE GROWS ON DOJ TO STOP SUPREME COURT JUSTICE 'BOUNTIES' AND HARASSMENT "I think Roberts comes at these things as more of an institutionalist, and maybe that's because of his role as a chief justice," Vermont Law School professor Jared Carter told the Washington Examiner. "And I think that tends to inform his thinking perhaps more than Kavanaugh. But I think if you look at the court's cert, particularly this term when the 'liberals were successful,' it was Roberts and Kavanaugh who stepped in ...
July 13, 2022
Vermont Conversation: Have Supreme Court justices become 'politicians in robes?'
... on Vermont . These decisions advance longtime goals of Republicans, who appointed six of the court's nine justices. Rodney Smolla has been analyzing and arguing before the Supreme Court for decades. On July 1, Smolla became  the inaugural president of Vermont Law and Graduate School , formerly Vermont Law School. A longtime constitutional law professor and civil liberties litigator, Smolla has participated in a number of famous first amendment cases, including Hustler vs. Falwell, which was the subject of the 1996 movie, "The People Versus Larry Flynt." He is the author of a textbook on defamation, ...
July 06, 2022
Wildlife traffickers in Oregon sentenced to help researchers study wildlife crime
... so far. But, Gore says, "I'm seeing much more about motivations, attitudes, behaviors, and just the emotions of it all." "I will be looking forward to seeing the results and what we can learn from it," says Canadian wildlife crime expert Sheldon Jordan, an analytical coordinator with Interpol. Vermont Law School professor Delcianna Winders says restorative justice approaches have "long been overlooked" for wildlife crime but could play an important role in shaping better policies and benefiting victims and perpetrators alike. In addition to Xie, two others convicted of wildlife crimes are participating in ...
July 06, 2022
As People Express Outrage Following The Supreme Court’s Abortion Reversal, How Realistic Are Calls For High Court Reform?
... of the EPA's toolbox, and must be first approved by Congress. The decision complicates the Biden administration's efforts to transition the power grid to a completely pollution-free state by 2035. Today on AirTalk, Larry speaks with Professor of Law and Director of the Environmental Law Center at Vermont Law School Jennifer Rushlow, and Professor of Law at UCLA School of Law Blake Emerson about the potential pathways to decarbonization that the Biden administration can still employ, and what the ruling means broadly for how federal agencies regulate industries. COVID-19 AMA: Tracking The Spread Of The Highly ...
July 05, 2022
The Deeper Dig: Why Vermont’s 150-year-old school tuition system might have to change
... to change. Yet Vermont has its own constitutional provisions addressing religious liberty — and now lawmakers have to find a way to navigate between the state and federal constitutions.  On this week's podcast, Peter D'Auria, who covers education for VTDigger, and Peter Teachout, a professor at Vermont Law School with expertise in constitutional law, discuss the ramifications of the ruling.  Below is a partial transcript, edited for length and clarity. Riley Robinson: Last week, the U.S. Supreme Court released a decision that could have a significant impact on Vermont's education system. A group of ... way, it is discrimination based on religion, and either way, it is unconstitutional. I welcome the Court's questions. Riley Robinson: The Supreme Court's decision, which dropped this week, sided with the parents, against Maine.  We also called up Peter Teachout, a
July 01, 2022
The Supreme Court's EPA ruling is a big setback for fighting climate change, but not a death knell
... power plants that are based on efficiency improvements and fuel switching. That approach could actually result in fairly stringent limits," Schaeffer told CNBC. Beyond the EPA, state governments can mandate emissions targets, says Jennifer K. Rushlow, Director of the Environmental Law Center at Vermont Law School. "Quite a few states now have economy-wide greenhouse gas emissions limits, often called Global Warming Solutions Acts," Rushlow told CNBC. California and Massachusetts were the first states to pass such GWSA laws, she said. Enforcing these state GWSA laws can be tricky. "In many states these ...
July 01, 2022
Links From the American Brink: Abortion, Insurrection, Pollution
... beyond women's health. "Dobbs can be read as a signal that the new conservative majority is poised to embrace a once-minority viewpoint on third-party standing, making it harder for environmental advocates and other public interests to pry open the courthouse door," John Echeverria, a professor at Vermont Law School, told E&E News. Will the Jan. 6 hearings make any long-term difference to those whose minds have already been poisoned by Trump's lies? Cassidy Hutchinson's bombshell testimony on June 29 made some inroads into the right-wing media echo chamber, but pundits like Tucker Carlson continue to diminish ...
July 01, 2022
Daily Harvest recall raises concerns about the need for more food regulation
... to $13.5 billion this year, up from $11.19 billion in 2021, according to the Business Research Company.  These meal delivery services fall under retail food establishments, which means they are exempt from food-facility registration requirements, according to Laurie Beyranevand, a professor at Vermont Law School and the director of the Center for Agriculture and Food Systems.  "It basically means that the regulation falls to state and local officials," Beyranevand said.  Beyranevand said that when we think of retail food establishments, that typically means restaurants or establishments that sell food ...
June 30, 2022
The Supreme Court just seriously limited the government’s ability to fight climate change
... couldn't regulate tobacco without a clear mandate from Congress.) Traditionally, Congress has delegated the responsibility for figuring out the details of regulations to experts in agencies. "The obvious problem is that Congress cannot possibly foresee everything that's coming down the pike," says Pat Parenteau, an environmental law professor at Vermont Law School. And in the case of the Clean Power Plan, specifically, it's also hard to argue that it would have had a "major" impact if the changes it required ended up happening in the industry even without it in place. The fact that the ...
June 30, 2022
Abortion ruling may add hurdle to climate lawsuits
... a draft copy of Dobbs that was obtained last month by POLITICO set off alarms (Climatewire, May 6). "The difference now, of course, is that the language appears in an opinion for the court, authored by Justice Alito and joined in full by four other justices," said John Echeverria, a professor at Vermont Law School. "Dobbs can be read as a signal that the new conservative majority is poised to embrace a once minority viewpoint on third-party standing, making it harder for environmental advocates and other public interests to pry open the courthouse door." Alito's reference to the standing doctrine cites, ...
June 27, 2022
The EU’s plan to halve pesticide use is ambitious, but realistic
... financial burdens on farmers who depend on the chemicals for high yields of crops.  "Since the 'green revolution,' countries around the world have relied heavily on pesticides to increase agricultural production," says Laurie Beyranevand, Director of the Center for Agriculture and Food Systems at Vermont Law School. "In many ways, our food system and the ways we produce our food rely very heavily on the use of pesticides—meaning farmers may need training and support for different pest management systems." This week's proposal is a part of the larger Farm to Fork strategy, which is a post-COVID reassessment ...
June 26, 2022
Washington County state’s attorney candidates look to address domestic violence and expand diversion programs
... County residents may find it challenging to find the differences between the two Democrats vying for the vacant state's attorney seat, as both candidates say they favor many of the same approaches to the county's most pressing problems. But not entirely. Michelle Donnelly, a law professor at Vermont Law School's South Royalton Legal Clinic, and Bridget Grace, a current deputy state's attorney for Washington County, are running to become the top prosecutor in Vermont's third-largest county. Incumbent Rory Thibault is , and no Republican has entered the race. Donnelly earned her law degree from ... Vermont Law School in 2013 and, according to her , has taken "more than a dozen cases to trial" as a deputy state's attorney in both Washington and Orleans counties. She has argued twice in front of the Vermont Supreme Court, including one case that set a precedent for the rights of
June 26, 2022
Law scholar on Prop 5, which would enshrine reproductive rights in Vt. Constitution
... will remain accessible. And a proposed amendment would enshrine reproductive health rights into the state constitution. Proposition 5 has been moving through the Vermont Legislature for several years, and will be on the ballot this November. Peter Teachout, a constitutional law scholar at Vermont Law School, advised state lawmakers while they drafted Prop 5. He spoke with Vermont Public's Grace Benninghoff about the proposed amendment, and the shifting legal landscape of abortion. Their conversation below has been edited and condensed for clarity. Grace Benninghoff: This is a really historic day — ... but not altogether surprising, given the draft Supreme Court opinion that leaked in May. How large of a shift is this ruling, in terms of reversing precedent and giving states the power to decide abortion policy? Peter Teachout Peter Teachout: Well, I have been teaching
June 24, 2022
Wildlife Officials Want to Make it Easier to Relocate Climate-Imperiled Species
... 's the type of bold thinking that we really need to mitigate threats," says Michael Scott, a retired conservation biologist from the University of Idaho. "It could become a major tool with climate change." The new policy would provide "a useful tool and a necessary tool," says Patrick Parenteau, a Vermont Law School professor, of the proposed change. "We have to do some things we've never done before to deal with the threats of climate, which we've never seen before." Others warn, however, that the plan could have unintended consequences for ecosystems. "I think it's potentially disastrous," says Daniel ...
June 24, 2022
Five things to know about the Supreme Court’s ruling on concealed carry
... restrictions. Legal experts say Thursday's ruling overhauls a good portion of previous Second Amendment doctrine.  "The court's decision today will have major ramifications for gun regulation across the country — effectively making it more difficult for the government to regulate firearms," said Jared Carter, a constitutional law expert and assistant professor at Vermont Law School. The ruling broke along ideological lines Thursday's decision split the justices 6-3, with the court's most conservative justices voting in favor of striking down New York's law. Thomas wrote the ...
June 23, 2022
Vermont Law School Plans to Open New Graduate School
Vermont Law School plans to open a new graduate school as part of a restructuring plan in July, according to an announcement Tuesday. The effort was funded by an anonymous $8 million donation, the largest gift in the school's history. The institution will soon be known as Vermont Law and Graduate School. "Nearly two ...
June 22, 2022
Supporters of migrant farm workers rally against Vt. deportations
... deny their requests. "These are ten very clear-cut cases, and if ICE correctly applies the guidelines that they've been given, they should drop these cases immediately and stop the deportation of these 10 migrant justice members," said Will Lambek with Migrant Justice. Immigration lawyer and Vermont Law School professor Jill Rudge says cases like these are exactly why federal authorities changed the rules last year. "Over the last 10 years we've seen the immigration court docket balloon with millions of cases. The court system is basically at a standstill and for folks who are not an enforcement priority ...
June 21, 2022
Vermont Law School to rebrand, add master’s degree programs
Vermont Law School will add three master's degree programs and rebrand as Vermont Law and Graduate School, school administrators announced Tuesday, adding that the changes will not impact operations at its South Royalton campus. The law school unveiled the new name and logo at a Burlington press conference, ... like environmental law and justice reform. And so we tried to come up with a plan that would help us in that regard and build upon those strengths." The school has operated with a budget surplus over the past three years, McCormack said, and is not hiking tuition for the upcoming academic year. Vermont Law School currently has about 450 residential students and 150 online-only students in both its law and master's degree programs, according to McCormack. Administrators hope to add 100 students over the next few years. The first students in the new courses will begin classes
June 21, 2022
Federal work group looks for help in helping energy communities as key Supreme Court decision on executive authority looms
... in drinking water, an area highlighted by the Environmental Protection Agency's updated drinking water advisory levels for PFAS, a class of industrial chemicals including substances linked to cancer and other health risks. Patrick Parenteau, a law professor at the Environmental Advocacy Clinic at Vermont Law School, said prior to the oral argument that the court held for the case in February that a ruling striking down executive authority could hamstring regulation of PFAS, known as "forever chemicals" because they don't break down easily in the environment or the blood of people and animals who ingest them ...
June 20, 2022
What can be done if Roe v. Wade is overturned? What we know so far about the Supreme Court's decision?
... are expected to prohibit or restrict abortion access. Currently, clinics in neighboring states are preparing for a surge in patients from states that limit abortion access. The development of proposed legislation that limit abortion to less than 15 weeks will likely be broadening, according to Jared Carter, an assistant professor of law at Vermont Law School and expert in First Amendment law. By June or July 2022, a judgment on the case is planned. Many states could ban or restrict abortion If Roe v. Wade was removed, 26 states may impose a restrictions on access to abortion, ...
June 16, 2022