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Volume 111

Medicaid Act Protections for Gender-Affirming Care

As of June 2024, ten states explicitly and categorically exclude coverage of gender-affirming care (“GAC”) for transgender Medicaid beneficiaries of all ages. Another two states exclude coverage for transgender minor beneficiaries but presumably …

By Katherine Wood

Volume 111

Congressional Enforcement of Transgender Rights: Remedying Anti-Transgender Constitutional Harms Under the Enforcement Clause

Over the past five years, trans Americans have faced a number of intrusions on their rights. States across the country have enacted laws that “bar trans participation on sports teams, ban the use of bathrooms consistent with one’s gender identity, …

By Chloe S. Fife

Volume 111

Gender During Pregnancy, and Abortion As Gender-Affirming Care

Pregnancy is an extremely gendered state in the United States. The physical ability to become pregnant is tied to biological, hormonal, and genetic factors associated with sex assigned at birth. But the societal and legal aspects of pregnancy are …

By Gemma Donofrio

Volume 111

United States v. Rahimi: “We Do Not Resolve Any of Those Questions Because We Cannot”

Two years ago, the Supreme Court restructured Second Amendment jurisprudence in New York State Rifle & Pistol Ass’n v. Bruen. That decision created a historical test for Second Amendment challenges to firearm regulations. To be constitutional, …

By Jimmy Donlon

Volume 111

Moore v. United States: Avoiding the Tough Questions

Charles and Kathleen Moore owed less than $15,000 due to the Mandatory Repatriation Tax (“MRT”), a tax enacted as part of the 2017 Tax Cuts and Jobs Act. While the economic consequences of the tax were relatively inconsequential for the Moores, …

By Jason A. Kraynak