Courts and Judges

Keeping Score: Texas GOP Candidate Brandon Herrera’s Vile Attack on Mothers and Children; Rest in Power Gloria, Dolly, Robin Morgan, Annie Dillard and More

PUBLISHED 9/20/2026 by

In every issue of Ms., we track research on our progress in the fight for equality, catalogue can’t-miss quotes from feminist voices and keep tabs on the feminist movement’s many milestones. We’re Keeping Score online, too, in this biweekly roundup.

This week:
—The Trump administration proposed a rule that would eliminate quality standards for the Head Start preschool program.
—Todd Blanche was confirmed as attorney general, after promising to remove abortion rights nationwide.
—Democrats in the Senate call out Trump administration’s attacks on Title IX and mark its 54th anniversary with a bicameral resolution: “They will fearmonger about trans kids until the sun comes up, but the fact is this administration has all but decimated the Office for Civil Rights at the Department of Education, leaving egregious instances of sexual harassment and assault, and so much else, totally unaddressed.”
—Kindergartener Liam Tadeo and his father, Victor Martinez Nieto, both Austin residents, were detained by ICE on their way to a soccer game and later deported together to Mexico after being held at the Dilley Immigration Processing Center.
—The six recipients of the 2026 Goldman Environmental Prize are all women.
—Voters in battleground states say it’s important that lawmakers protect access to reproductive healthcare.
—At least 152 ICE or CBP agents have faced disciplinary action or criminal penalties for violent crimes.
—Women make up 35 percent of non-acting Emmy Awards, matching the record high.
—Actor Anne Hathaway, currently pregnant with her third child at age 43, faced social media hate and rumors that she faked her pregnancy, after showing her bump on a red carpet.
—Florida professor Vinita Prabhakar was fired for assigning a “political” short story in a freshman English class. The story “Bettering Myself” focuses on an alcoholic teacher at a Catholic school and is commonly taught at colleges across the country. Prabhakar is now suing to uphold her First Amendment rights.
—Aisha Wahab won the special election to replace former Rep. Eric Swalwell (D-Calif.), who resigned after sexual assault allegations. Wahab is the first Afghan American elected to Congress, and will be on the ballot for a full term in November.

… and more.

The Perfect Victim Is a Dead Woman

PUBLISHED 9/17/2026 by

This is a story about choices that are not really choices. It is a story about impossible circumstances propelling us down pathways we believe unimaginable. You always believe it could never happen to you, until it does.

“Our last encounter was him trying to choke me, and me stabbing him.” Naomi sighs and leans against the passenger seat of my car, ending the story of the night she killed her abuser.

A grand jury indicted her for second-degree murder. A year later, she pleaded guilty to first-degree manslaughter. Initially facing five to 25 years in prison, her sentence was reduced under New York state’s Domestic Violence Survivor Justice Act to three years’ incarceration, with five years of post-release supervision. Even the District Attorney’s office acknowledged Naomi was a victim of domestic violence, which “was a significant contributing factor” to her behavior.

When the options available to her were kill or be killed, why was she even indicted?

We live in a world that punishes survivors and creates more victims with generous latitude inexplicably afforded to men who have proven themselves dangerous to society. It seems that the only perfect victim is a dead one, a woman who can’t talk back.

Fifth Circuit Judges Seem Skeptical of Louisiana’s Challenge to Telehealth Abortion

PUBLISHED 9/10/2026 by

On Wednesday, Sep. 9, a three-judge panel of the 5th Circuit Court of Appeals in New Orleans heard oral arguments in Louisiana v. FDA, a lawsuit filed by the Louisiana attorney general seeking to end telehealth abortion nationwide, even in states that protect abortion access.

Since the fall of Roe and a national snapback of abortion rights in a majority of U.S. states, the antiabortion movement has been laser focused on trying to restrict telehealth abortion because it’s increasing in both awareness and popularity, and it allows patients to circumvent state bans.

The 5th Circuit is considered one of the most conservative appeals courts in the country. But the three-judge panel randomly selected to hear Wednesday’s case included two judges appointed by Democratic presidents: Judge Stephen Higginson, appointed by former President Barack Obama; and Judge Dana Douglas, by former President Joe Biden. The third judge, Judy Richman, was appointed by George W. Bush.

During oral arguments, all three judges indicated skepticism about Louisiana’s arguments, starting with Louisiana’s right to bring the case.

While the recent 5th Circuit hearing offers hope that efforts to restrict mifepristone through the courts will not succeed anytime soon, two greater threats remain: Trump’s antiabortion nominee to lead the FDA, Heidi Overton, and Attorney General Todd Blanche’s promise to restrict the mailing of mifepristone under the Comstock Act. (This move would spur immediate lawsuits by Democratic states and manufacturers of mifepristone.)

Meanwhile, abortion rights advocates will never give up in finding new ways to put abortion pills in women’s hands.

Keshia Golden’s Plea Deal Kept Her Out of Prison—But Don’t Mistake It for Justice

PUBLISHED 8/31/2026 by

Keshia Golden’s attorneys say that in October 2022, while she was eight-plus months pregnant, her then-boyfriend Calvin Sidney hit her, grabbed her hair and slammed her head against a kitchen counter. Golden grabbed a kitchen knife and stabbed Sidney in the leg. Golden only intended to make him stop, she has always insisted. But she hit the femoral artery. Sidney died at a Chicago hospital.

Keshia Golden was charged with first-degree murder and held in jail, where, weeks from giving birth, she was transferred to the medical unit to recover from her injuries. Four years passed.

Then, on Aug. 24, 2026, just before Golden’s trial was to begin, the Cook County state’s attorney Eileen O’Neill Burke offered Golden a last-minute deal: If she pled guilty to involuntary manslaughter and underwent two years of community service, drug testing and probation, she would serve no prison time.

All evidence points to the fact that Golden acted in self-defense and should never have been charged in the first place.

Nonetheless, she accepted the plea.

Her acceptance of this lesser charge is not an admission of guilt. It’s also not justice.

Golden is a single mother who was forced to make an impossible choice to ensure she would be able to raise her 3-year-old daughter. “All she has is me,” Golden said in court. 

Now, the only remaining path to justice for Golden is a pardon from Gov. JB Pritzker. Such a pardon would send a clear message: No woman should have to die to prove that she was a victim. No one should be punished for surviving abuse, defending themselves or protecting their child.

Talking Back to Dobbs: Federal Judge Says Idaho Can’t Force Pregnant Women to ‘Endure All Harm Short of Death’

PUBLISHED 8/26/2026 by | UPDATED 8/28/2026 at 7:17 A.M. PT

A federal district court issued the first post-Dobbs decision recognizing the U.S. Constitution still protects the right to abortion in specific circumstances.

And while legal opinions rarely move me to tears—as even the most progressive outcomes are typically cloaked in legal jargon that does not communicate the often urgent or tragic human experience underlying the case—Judge B. Lynn Winmill’s deeply attentive opinion in Seyb did just that.

Idaho has one of the nation’s strictest abortion regimes: Abortion is generally criminalized at every stage of pregnancy, with narrow exceptions. As Winmill writes, as a direct consequence of this ban, “a woman’s body itself is conscripted into service and forced to bear permanent damage in service of the potential life she carries.”

Winmill ruled Idaho’s abortion ban was unconstitutional on two grounds.

1. It violated the 14th Amendment’s Due Process Clause by denying pregnant patients a fundamental right to medically indicated abortion care.

2. By excluding self-harming behavior from the law’s life-saving exception, it denied patients with mental-health conditions equal protection under the 14th Amendment.

In their initial complaint, the plaintiff Dr. Seyb and his legal team that the requested relief “will address only a fraction of the harm that Idaho’s Abortion Bans are causing.” While meaningful, they wrote, such relief alone cannot secure justice for all Idaho residents; that would require repeal of the abortion bans through legislation or direct democracy—or the Supreme Court’s reversal of Dobbs.

Voters may soon have an opportunity to pursue that broader relief: In the upcoming midterms, Idahoans can cast a vote in favor of the Idaho Reproductive Freedom and Privacy Act, a ballot initiative to restore abortion access in the state.

Beyond Abortion: How the ERA Could Transform Pregnancy, Work and Family Life

PUBLISHED 8/26/2026 by

On March 31, 1776, Abigail Adams wrote a letter to her husband, John, beseeching him to “remember the ladies” as he and his peers were drafting the Declaration of Independence. She warned, “All Men would be tyrants if they could” and urged him to “not put such unlimited power into the hands of the Husbands.”

He ignored her warning when she wrote: “If particular care and attention is not paid to the Ladies we are determined to foment a Rebellion, and will not hold ourselves bound by any Laws in which we have no voice, or Representation.”

Now, 250 years later, women are still fighting for inclusion.

The potential for state ERAs to advance the rights of women and girls is tremendous, but only if we have the will—and the resources—to push for favorable state supreme courts and to use ERAs to challenge discriminatory government policies.

While we fight for a Congress that will publish the federal ERA and a U.S. Supreme Court that will robustly interpret it, feminists are building an ERA jurisprudence that will one day achieve Abigail Adams’ dream: for women to finally, truly, be equal citizens and live freely, safely and empowered throughout the United States.

Supreme Court Keeps Trump’s Mail-In Ballot Restrictions Blocked Ahead of Midterms

PUBLISHED 8/25/2026 by | UPDATED 9/15/2026 at 9:30 A.M. PT

Late on Monday, the Supreme Court rejected the Trump administration’s emergency request to enforce new U.S. Postal Service restrictions on mail-in ballots, leaving in place a lower-court injunction blocking the rule ahead of the midterm elections. In an unsigned order, the Court said the government was “unlikely to succeed on the merits” and had not justified emergency relief.

Justice Brett Kavanaugh concurred, writing that election officials did not have enough time to implement the rule before November.

Justices Samuel Alito and Clarence Thomas dissented. The underlying legal challenge will continue, but the restrictions will remain blocked for the 2026 elections.

Legal analyst and professor Steve Vladeck called the ruling “heartening” since it means “a majority of the Court was unwilling to abide President Trump’s transparent effort to make it harder for a large number of lawfully registered voters to actually cast their ballots in the 2026 general election. But it continues to be deeply sobering that it came to all of this in the first place.”

Election officials and voting rights experts, like Voto Latino executive director Beatriz Lopez, have this advice and takeaway for voters: “To every voter wondering if your vote by mail is safe: It is. Make sure you’re registered, request your ballot, fill it out, and return it early.”

After Dobbs, the ERA Offers a New Path to Abortion Rights

PUBLISHED 8/25/2026 by

For 250 years, women have been fighting for inclusion in the nation’s founding promise of equality. The Equal Rights Amendment would finally guarantee that equality under the U.S. Constitution—and could give Congress and the courts powerful new tools to address discrimination in education, employment, healthcare and safety. It could also provide a constitutional basis for challenging abortion bans and restrictions as forms of sex discrimination.

But feminists do not have to wait for federal recognition of the ERA to put equality guarantees to work. State constitutions are already providing a path forward.

In Nevada, advocates successfully challenged the state’s ban on Medicaid funding for abortion under its Equal Rights Amendment; in Pennsylvania, courts have opened the door to treating restrictions on abortion funding as sex discrimination; and in Colorado, feminist lawyers are arguing that parental-notification requirements impose unequal burdens on young women while placing no comparable restrictions on young men.

At a moment when abortion rights no longer have federal constitutional protection, state ERAs offer feminists another constitutional path—not only to challenge abortion restrictions, but to confront the stereotypes and unequal burdens beneath them. Building strong interpretations of equality at the state level can protect women now while laying the groundwork for the expansive vision of sex equality a federal ERA could one day deliver nationwide.

(This essay is part of FEMINIST 250: Democracy’s Feminist Future, a special series examining the next chapter of American democracy through a feminist lens. As the nation marks its 250th anniversary, the series taps the thought leaders of today to debut game-changing ideas for the next 250 years.)

Mifepristone, Mail-In Voting and the Midterms Are All on the Line

PUBLISHED 8/22/2026 by

Trump has officially nominated Dr. Heidi Overton as the FDA commissioner. Overton previously called the abortion pill “telebortion,” and called on Congress to strictly regulate it.

With the FDA currently reevaluating its approval of mifepristone and its regulations permitting providers to mail the medication, Overton’s nomination represents yet another challenge to mifepristone’s widespread usage—accounting for over two-thirds of all abortions, including in states with bans. Not to mention the fact that Overton also recently appeared next to Trump during a press conference in which he spouted dangerous misinformation about childhood vaccines.

Asking for a friend: Will the physician in the Senate who holds a key vote on the Health Committee cave again?

Meanwhile, the Supreme Court might be on summer break—but its shadow docket is still up and running. And nothing is certain before this Supreme Court, which has committed itself to expanding Trump’s executive powers.

Thanks to SCOTUS and state legislators’ rollback of many fundamental rights, state supreme court races have been receiving increased attention, and attracted significant outside spending.

Keeping Our Eyes on the Prize: Building a Future Beyond Roe

PUBLISHED 8/21/2026 by

Nearly 50 years after Roe came, it went.

The Dobbs decision brought a devastating reversal—but it simultaneously ushered in a moment akin to 1972 … the opportunity to reimagine bodily autonomy and build something better.

And now, in 2026, we have begun to see glimmers of such vision emerge in the law by way of more expansive court rulings and bolder legislation.