UPDATE: L4GG Works Directly With Federal Highways to Ensure that Billions of Federal Funding to States Prioritizes Climate and Equity

After Lawyers for Good Government (“L4GG”) condemned the Federal Highway Administration (“FHWA”) for removing its support of climate and equity considerations in its guidance to states on how to spend $466 billion worth of funds from the Bipartisan Infrastructure Law (“BIL”) set aside for transportation projects, L4GG, along with its coalition partners, secured a key meeting with management at both the US Department of Transportation (“DOT”) and the FHWA to voice concerns relating to the revised guidance and to identify specific legal actions that both DOT and the FHWA can take to ensure that equity and climate are prioritized in state-level federal transportation spending. This work is a key component of L4GG’s larger strategy to ensure that BIL and Inflation Reduction Act funding is equitably implemented in states and local communities across the United States to prioritize equity and climate issues. 

L4GG coordinated with key coalition partners—NRDC, Communities First Infrastructure Alliance, Evergreen, and PolicyLink—to meet with over a dozen representatives at the FHWA, including the Director of FHWA and Secretary Pete Buttegieg’s undersecretary to discuss the FHWA’s removal of guidance on equity and climate considerations on the $300B allocated to states.  During the meeting, the coalition provided DOT and FHWA with concrete examples for incorporating equity and climate considerations in state-level transportation projects that involve federal funding.

In response to the meeting, the Director of FHWA, Shailan Bhatt, responded directly to L4GG attorneys in a letter, thanking L4GG for the meeting and restating the FHWA’s commitment to equity and climate change.  

Since the meeting with FHWA, L4GG, along with the coalition partners named above, have taken concrete steps to ensure FHWA adheres to this commitment, including providing comments on the IRA’s Environmental Review Implementation Program to ensure that streamlining projects under the National Environmental Policy Act, a key procedural hurdle needed to build highway infrastructure, does not cause negative equity or climate impacts.  Similarly, L4GG worked with key coalition partners and the Transportation Equity Caucus to provide detailed comments on DOT's Equity Action Plan.

In addition to this work, L4GG continues to work at the state and local levels to ensure the equitable implementation of federal dollars, including providing hands-on pro bono legal assistance to overburdened communities through the Decarbonization and Climate Resilience Clinic. 

L4GG: One year after Dobbs, we’re helping states like NY win the fight for bodily autonomy.

L4GG is thrilled to share some exciting news that will profoundly impact our community’s fight to protect our access to healthcare and bodily autonomy. Over the weekend, Governor Kathy Hochul signed two groundbreaking laws that significantly advance reproductive justice and the civil rights of transgender people in New York. This momentous achievement is a testament to the unwavering dedication of L4GG’s policy team and the collective support of advocates like you.

L4GG staff participated in significant advocacy efforts on both pieces of legislation. We worked with allies on the ground in New York and used our expertise in public health law and policy to ensure that the state grounded these new laws in strong constitutional, case law and statutory bases.

We extend our deepest gratitude to Governor Hochul for her steadfast commitment to protecting the rights and well-being of all New Yorkers. With her leadership, New York sets an inspiring example for the rest of the nation.

Now, let's delve into the key provisions of each law:

Law #1: Strengthening Access to Reproductive Health Care

• Enables New York providers to offer telehealth reproductive health care and medication abortion to patients in states with restrictive abortion laws.

• Shields doctors, providers, and facilitators from litigation in those states.

• Prevents professional discipline for delivering reproductive telehealth services to out-of-state patients.

• Expands protections for New York healthcare providers treating out-of-state patients.

"This moment is a resounding victory for reproductive justice and a necessary step forward in protecting healthcare providers and patients. Through L4GG's Reproductive Health Legal Assistance project, we have witnessed firsthand the challenges doctors face navigating the rapidly changing and complex landscape of reproductive healthcare laws. With the signing of these laws in New York, both doctors and their patients are getting the protection they deserve."

- Alyssa Morisson, L4GG's Reproductive Justice Staff Attorney

Law #2: Safeguarding Trans Rights and Promoting LGBTQ+ Equality

• Prohibits child removal based on gender-affirming care in custody cases.

• Restricts law enforcement cooperation on gender-affirming care performed in New York.

• Prevents subpoenas related to out-of-state proceedings on gender-affirming care.

• Ensures addiction services based on gender identity, expression, and sexual orientation.

• Removes outdated and stigmatizing language from "sexual orientation" definition.

• Mandates gender-neutral terms in laws, rules, and resolutions.
  

"This law is a great first step and a meaningful signal that New York cares about its trans, non-binary, and intersex residents. It is constitutionally sound and incremental in its approach to reflect that these sorts of laws are untested and to protect people from harm while recommitting the state to our protection. We will continue to support New York advocates in their fight for the right to privacy and equitable healthcare for everyone in the state and help them achieve both rigorous and ambitious wins that center the needs of trans people. As cultural leaders and the originators of Pride throughout history, trans, non-binary, intersex, and gender nonconforming people have made this state great and belong here, now and always." 

- Khadijah Silver, L4GG Civil Rights Supervising Attorney

These achievements reinforce the urgency of L4GG's mission and underscore the vital role of good government in achieving meaningful change. This is just the beginning of the road – states and cities across the country are requesting L4GG’s help to ensure they are offering their residents the strongest protections possible, while remaining within the bounds of the law. It reinforces the urgency of L4GG's mission and underscores the vital role of good government in achieving meaningful change.

If you would like more frequent updates on the state of bodily autonomy laws in the country, subscribe to our bi-weekly Reproductive Health Digest, which highlights major changes in reproductive health laws across 56 states and territories.

L4GG extends its deepest gratitude to all those who have supported our crucial work. Together, we stand united in our commitment to protecting and advancing the rights and autonomy of all individuals in our community.

L4GG Victory: Maryland Takes a Stand in Protecting Access to Trans Health Care

In a resounding victory for transgender rights, Maryland has become the 11th state to proactively protect gender-affirming care through a critical Executive Order. Maryland’s Order sends a strong message about its commitment to equality and inclusion and shields trans individuals and healthcare providers from attacks from states like Florida and Texas. Lawyers for Good Government, in collaboration with the National Center for Transgender Equality and Trans Formations Project, worked closely with Maryland Governor Wes Moore's office to draft and advocate for this groundbreaking order!

Let's delve into the details of this significant milestone and the impact it will have on transgender individuals' access to healthcare.

Shielding Trans Rights in Maryland:

At a time when transgender rights face challenges from states like Florida and Texas, Maryland's Executive Order serves as a shield, ensuring protection for transgender individuals in the face of adversity. The order encompasses several key provisions aimed at safeguarding their rights and well-being, including:

1. Protecting Doctors Providing Care:
   
   The Executive Order safeguards the medical licensing of physicians who provide lawful gender-affirming care in Maryland. This protection remains intact even if these physicians are being investigated by another state hostile to transgender care. By doing so, Maryland solidifies its commitment to providing inclusive healthcare options for all its residents.
   
   

2. Rejecting Invasive Investigations:

Under the Executive Order, Maryland categorically refuses to participate in another state's criminal investigation into individuals who have received lawful medical care. This includes measures such as declining to respond to extradition requests, participating in subpoenas aimed at anyone obtaining gender-affirming care for themselves or their child, or sharing personal medical information. This provision shields transgender individuals from discriminatory targeting and interference by adverse states.

Maryland's Executive Order marks a watershed moment in the fight for transgender rights. While this victory is cause for celebration, it also serves as a reminder that the fight for bodily autonomy, including trans health, LGBTQIA+ rights, and reproductive freedom, is far from over. The challenges posed by other states emphasize the need for continued advocacy and support. By recognizing and amplifying this triumph, we can inspire other states to follow suit and ensure gender-affirming care is protected across the nation.

Please join us in commending Governor Moore for taking a stand for trans rights and urging other states to join this critical movement:

1. Thank Governor Moore: Please show your appreciation to Governor Moore for taking a stand on this crucial issue. Click here to send a quick message of thanks to his office, expressing your gratitude for his leadership in protecting access to healthcare for transgender individuals.
   

2. Donate to Fight for Trans Rights: Your contribution to the L4GG Action Fund plays a crucial role in helping us extend these essential protections to other states, both empowering transgender individuals to access the care they need and deserve and protecting the rest of us from the overreaching impacts of hateful laws.
   

3. Share: Help us spread the word about this incredible win on your social media platforms and by forwarding this email. By amplifying this victory, we can inspire other states to follow Maryland's example and take proactive steps to protect gender-affirming care.

SCOTUS' Sackett Decision is Anti-Science & Will Devastate Our Water Supplies

Today, the United States Supreme Court ruled in Sackett v Environmental Protection Agency (“EPA”), overruling over 50 years of well-established protections for surface waters and wetlands. The Court has dramatically narrowed the scope of the Clean Water Act and the EPA’s authority, undoing protections that have safeguarded our water resources for over 50 years.  The Court’s ruling embraces extreme demands of big polluters and favors landowners and developers over the health and security of our Nation’s most precious resource—water.  

Everyone should be troubled by this Supreme Court ruling.

By removing critical protections for wetlands and surface waters, and completely ignoring established science, the Court has failed the most vulnerable among us—namely indigenous communities, communities of color, those most vulnerable to pollution, and those facing intensifying climate disasters. Now the EPA is stripped of its ability to protect our communities, public health, and local ecosystems. 

A majority of Americans do NOT support this. On the contrary, more than three in four people in this country support strong federal protections for our waters.

Congress and state officials across the country need to act fast to protect water bodies that our nation relies on for drinking, farming, cooking, fishing, and fueling local economies. While today’s ruling guts our nation’s bedrock clean water law, it’s imperative that we take full advantage of tools that remain to stop big polluters from indiscriminately bulldozing our wetlands and dumping waste into our streams, impacting critical water supplies.

States are still empowered to act to protect wetlands, headwaters, and vital resources that support our water supplies, but many do not currently have necessary protections in place for wetlands. We must call on them now to use their authority to act to protect these critical resources before it’s too late.

Lawyers will be essential in this fight to help ensure that states have adequate protections in the wake of Sackett to avoid catastrophic and permanent damage to our ecosystem and water supply.

Lawyers for Good Government (L4GG) will continue its important work with our allies in the Clean Water for All Coalition to provide key legal resources to advocates and state decision-makers to pass protections where they are needed and to mitigate this significant loss of fundamental protections to our right to water. 

To learn more about L4GG’s continued efforts to protect vital resources and water supply in disadvantaged communities like Benton Harbor, Michigan, click here.

“““By disregarding established science and removing critical safeguards, the Court has failed the most vulnerable among us, including indigenous communities, communities of color, and those already facing the brunt of climate disasters. This decision, even narrower in scope than the previous Trump administration’s Clean Water Rule, undermines the progress made in preserving our water resources. It is imperative that Congress and state officials swiftly step up to protect our water bodies to ensure the well-being of future generations. Despite this setback, Lawyers for Good Government, in collaboration with the Clean Water for All Coalition, will continue to provide vital legal resources to advocates and state decision makers, standing up for the right to water and working tirelessly to mitigate the devastating consequences of this ruling. Together, we will continue fighting to defend our ecosystems and ensure a sustainable future for all.”

— Jillian Blanchard, Director of Climate Change & Environmental Justice, L4GG

DeSantis Enacts Cruel, Anti-LGBTQ+ Laws on International Day Against Homophobia, Biphobia, and Transphobia

Written by Khadijah Silver, Supervising Attorney of Civil Rights at L4GG

For many of us, there is one fear greater than the fear of death: fear of harm to those we love. The idea of our loved ones’ suffering drives many of our bravest feats, our worst nightmares, and our most impassioned advocacy. Many of us have ancestors that fled to this country, escaping oppression or death, seeking the right to be themselves, free of persecution. Some of us are Black or Native American, and have known what it means to flee one’s home and seek sanctuary from bigotry in another state or even another country.

Right now, this week, family members of transgender, nonbinary and gender nonconforming people are confronted with that same calculus, as our southernmost state has signed a host of laws criminalizing trans people’s use of public facilities, access to healthcare, and ability to exist safely, authentically and in dignity. Should we stay in our homes, in a place that has written hatred for us into the letter of the law, and fight? Or should we leave that home behind to protect ourselves and those we love?

On Wednesday morning, standing in a private Christian school in Tampa, a city with a lesbian mayor, behind a lectern with a sign reading “let kids be kids,” Florida Governor Ron DeSantis forced families across his populous state to ask this question as he signed a slate of anti-LGBTQ+ bills targeting both youth and adults and further stripping Floridians of their civil liberties.

The first and most immediately dangerous of these new laws is SB 254, an anti-trans healthcare bill that criminalizes gender-affirming care for minors, vastly curtails care for adults, and permits unsupportive parents to claw back custody of a trans child residing out-of-state, on the grounds that receipt of gender affirming care constitutes an emergency akin to child abuse. Already, adults have been forced off their medication as prescription refill requests are refused. This law is a human rights violation of tremendous proportions, placing Florida at odds with the  United States government and international bodies such as Amnesty International and the World Medical Association, which  have found that deprivation of medication is a form of torture.

The second, SB 1438, bans vaguely and broadly defined “adult oriented performances'' and attaches criminal penalties for officials who grant permits for events featuring drag. In addition to drag shows themselves, this bill is likely to impact event permitting for the state’s wildly popular pride events – already, organizers have canceled Tampa’s “Pride on the River,” which boasts 10-20,000 visitors a year, and Port St. Lucie’s pride celebration.

From the House, HB 1069 further expands Florida’s “Don’t Say Gay” bill, which restricts pronoun use in both public and private schools and declares that it is “false” to utilize a pronoun that does not conform to a person’s sex assigned at birth. The bill also broadly prohibits discussion of gender identity or sexual orientation in the classroom, opening the door to penalties for LGBTQ+ supportive school officials. 

Finally, Governor DeSantis signed HB 1521, a trans bathroom bill which allows individuals to ask trans folks to leave the bathroom that aligns with their gender identity and attaches criminal penalties if the trans person fails to do so, once again elevating the “rights” of the intolerant over the safety of trans people. HB 1521 also opens all publicly owned spaces up to lawsuits brought by the state AG or revocation of their operating licenses if they are reported for noncompliance with the law. 

“Taken together, these bills constitute an urgent threat to the safety and wellbeing of LGBTQ+ Floridians and visitors to the state, dangerously expanding the criminalization of already marginalized groups. They harm members of our staff, our community, and our stakeholders.

Further, although he has not yet formally announced his candidacy, Governor DeSantis has indicated in no uncertain terms that he intends to run for president in 2024, using bigotry as his platform. His potential candidacy is a threat to the rights of all Americans, and his record of viciously legislating against bodily autonomy, LGBTQ+ rights and abortion must be viewed as absolutely disqualifying. L4GG calls on its community to strongly condemn the Florida legislature’s unjustifiable actions in passing these laws and to stand in solidarity and action with all LGBTQ+ Floridians. ”

— Khadijah Silver, Supervising Attorney of Civil Rights at L4GG

As a nonbinary attorney that was disowned for my gender identity as a young person and forced back into the closet to receive my mother’s care when I fell ill, I am terrified today. Not just for myself, but for my loved ones in Florida, Texas and across the country that keep sending me Signal messages, asking “what should I do?” I am terrified for the local attorneys in states with bans on gender-affirming care, writing me to ask, “what can I do?” And, I am terrified for our country, which does not have a clear answer for them. Please join all of us at L4GG in standing against these hateful laws, and standing up for your trans loved ones. 

Please join all of us at L4GG in standing against these hateful laws, and standing up for your trans loved ones. Read more about the challenges they are facing at L4GG.org/TransHealth.

Asylum As We Know It Is Ending - Lawyers Are Needed More Than Ever

Tomorrow, the Biden administration will end Title 42, a Trump-era policy that effectively closed the southern border for the past three years. In clear violation of international and U.S. immigration law, Title 42 gave the U.S. Border Patrol the power to return vulnerable families to Mexico without so much as a chance to open an asylum claim. The policy also inflicted unimaginable suffering on hundreds of thousands of stranded families that were neglected, kidnapped, and tortured while waiting in Mexico. 

While the expiration of Title 42 is a welcome development and presents an opportunity to implement humane, equitable paths to asylum, the Biden administration is instead introducing new immigration policies that will severely limit access to asylum, separate families, and endanger the lives of thousands of individuals seeking safety in the U.S.

These new policies not only complicate the asylum-seeking process, which is an internationally recognized human right, but also significantly increases the risk of deportation and banishment for the most vulnerable people.

This policy shift means that the ONLY way asylum seekers will make it is with lawyers advising them, both before and after they present on the border. These changes are certain to result in thousands of asylum seekers being left to fend for themselves if they don’t have the support of lawyers like us.

Asylum seekers need us now more than ever. Please support Project Corazon as we provide critical services to help migrants understand their rights and ensure their safety amidst this treacherous legal landscape.

“The Biden Administration’s new rule is cruel and in blatant disregard to our international obligations to accept those seeking refuge from persecution within our borders. Under the rule, L4GG’s clients, who are LGBTQ+ people, political activists, racial minorities, victims of torture, and other people fleeing violent persecution in their countries of origin, will no longer have a viable pathway to fair, orderly asylum processing. Instead, they will face the dilemma of risking deportation and banishment from the U.S., or remaining in countries which have poorly functioning or non-existent asylum systems, many of which pose the same dangers to our clients as their home countries. In fact, this rule increasingly endangers the thousands of vulnerable women, children, and families who are forced to live on the streets of border cities in Mexico, where cartel violence is currently escalating. We call on the administration to immediately withdraw the rule and instead pursue pathways to fair, orderly migration that restore full asylum.”

— - Priscilla Orta, Supervising Attorney, Project Corazon

“In his briefing on the end of Title 42 this morning, Sec. Mayorkas repeated it twice: “we are a nation of immigrants and a nation of laws.” And yet, with this rule, the administration is breaking domestic and international laws that require us to honor the immigrants upon whom this nation’s success depends. By penalizing those that are too poor, too disabled, too Black, too language-impaired, or too illiterate to use the extremely limited means of CBP One to schedule an appointment for consideration of an asylum claim at our Southern border, our President is hardening this nation’s stance beyond even what his predecessor imagined.

All that we at Lawyers for Good Government and other legal aid organizations have been asking for is the opening of lawful pathways to asylum, but what we have gotten are roadblocks. If the administration wants to fix immigration, they need to work with and listen to the people that have been filling the gaps Congress has left since this country decided to abrogate its responsibilities to both immigrants and the law.”

— - Khadijah Silver, Supervising Attorney, Civil Rights

L4GG Statement on Biden Administration Doubling Down on Anti-Asylum Policies

Yesterday, the Department of Homeland Security and the State Department made a joint announcement on expanded legal pathways and refugee processing. However, this announcement was coupled with intentions to move forward with the proposed asylum transit ban, limited appointments through the CBP One app, inequitable access issues, and more anti-immigrant policies.  

“Punishing asylum seekers with deportation and banishment for pursuing safety through an internationally-recognized and protected pathway will surely lead to their harm and leave us in breach of our moral and legal obligations. While we welcome the announced expansion to refugee admissions and the creation of new pathways to protection for people from Central and South America, we are deeply concerned that the Biden Administration is doubling down on its limitations for seeking asylum, a human right that is recognized by both domestic and international law. Additionally, we find framing the refugee program as a tool to help manage border migration particularly harmful and politically wrought. As President Biden reminded us on World Refugee Day, ‘as Americans, protecting and welcoming refugees is part of who we are.’”

- Priscilla Orta, Supervising Attorney for Lawyers for Good Government’s Project Corazon

Earth Day Every Day - What Lawyers Can Do for Environmental Justice

Our planet is in crisis, and attorneys are uniquely situated to take bold action to address climate change. Lawyers can celebrate Earth Day every day by volunteering with and supporting L4GG’s Climate Change and Environmental Justice Program.

Lawyers are uniquely qualified to:

1. Understand environmental laws and regulations & find legal solutions

   Lawyers are equipped to decode complex environmental laws. They can help overcome legal barriers by analyzing the policies that prevent states and local governments from implementing climate tools, such as virtual power purchase agreements and community programs, and coming up with legal solutions.
   

2. Shape Federal, State, and Local policy
   Lawyers can help shape federal policy by commenting on federal agency regulations and programs, including how the federal government should spend the over $2T coming from federal agencies under Biden's Infrastructure Law and the Inflation Reduction Act! Moreover, lawyers can provide legal guidance and help draft state and local climate and equity laws and policies as well.
   

3. Communicate effectively
   Lawyers have strong oral and written communication skills, giving them the ability to work effectively with a wide range of stakeholders. They can use these skills to develop and deliver compelling arguments and presentations for community members, government officials, and others. Importantly, lawyers can also work with overburdened communities to make sure their voices are heard by state and local decision-makers implementing climate projects to ensure that community needs and environmental racism are addressed.
   

4. Provide pro bono support
   Environmental justice issues directly affect marginalized communities. Lawyers can provide free legal support to frontline communities looking to implement climate projects and access historic federal funds.

Volunteers for L4GG’s Climate Change and Environmental Justice program do all of this and more! 

This Earth Day, we are excited to highlight 4 superstar volunteers who have plugged into our various initiatives! Read on to see how you can be using your legal skills to protect the environment this Earth Day and beyond.

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Bo Mahr

Bo is a renewable energy development attorney who helps a wide variety of clean energy companies navigate project development from cradle to grave. From greenfield to decommissioning to tax equity, his practice has grown from utility-scale wind and solar to green hydrogen, DAC, battery storage, floating solar, and everything in between.

Bo has volunteered with L4GG for a few years now, working on various projects.

Determining whether municipalities can enter into virtual power purchase agreements (a first-of-its-kind issue), might be my favorite L4GG project that I’ve worked on. It’s a timely and critically important issue, and, having grown up in Missouri, it was great to play a part in advancing the already great work the city of St. Louis is doing in this area. These kinds of projects, with real and immediate impacts on great organizations, is what makes working with L4GG so special.  

Olivia Lin

Olivia is in the Investment Funds group at her firm, where she represents clients such as institutional investors and fund sponsors, and advises them on matters including fund formation, operation and regulatory compliance.

Olivia is currently involved with L4GG’s Benton Harbor Right to Water project. She assists with document review and data compilation regarding the state and local governments’ policy, internal communications, and actions taken in light of the various lead exceedances discovered in Benton Harbor’s drinking water. The data addresses local petitioners’ requests for more detailed background information on how government has responded to the crisis, including any internal incompetency or negligence.  Most recently, she assisted with drafting parts of a chronology report documenting the background and causes of the crisis.

I was drawn to the project because having watched the horrific Flint water crisis play out,  it was disturbing to see the cycle continue in Benton Harbor, another predominantly black and low-income community. For the past few years, residents of Benton Harbor were denied not only the fundamental right of having access to clean, affordable water, but also timely, transparent information and action from the state and local governments. With the crisis also being largely neglected on a national scale, the L4GG team is working to provide more transparent reporting for both Benton Harbor residents and the general public, which may ultimately influence government action and state/federal policy and enforcement. It is a pleasure to work with and learn from the L4GG team, who are passionate and knowledgeable about this grave issue, and who are working to bring to it more attention and transparency.

Mariya Naulo

Mariya is an attorney in Orrick’s Restructuring group. In addition to pro bono work, her practice includes the representation of creditors and debtors, the representation of parties buying and selling distressed assets, and bankruptcy-related investigations.

I volunteered to partner with L4GG on its 50-State Disadvantaged Communities Report soon after joining Orrick. This project was an exciting opportunity to support the efforts of disadvantaged communities to prepare for, withstand, and recover from severe environmental events. I have also enjoyed learning about how different states pursue environmental justice. L4GG staff are knowledgeable and passionate about their work. They are committed not only to the project at hand, but also to its underlying values.

Derek Green

Derek Green works at Davis Wright Tremaine. His practice includes a combination of energy regulatory and transactional matters.  He focuses on renewable energy development and advising clients on the changing legal landscape surrounding local energy policy and climate change.

Derek assisted with L4GG’s Federal Funding Webinar Series, which trained over 700 communities in how they can access over $2T in federal funding for climate equity and infrastructure projects.

Partnering with World Resources Institute and L4GG, I was part of a DWT team that helped to present on funding opportunities for meaningful decarbonization projects, with a focus on climate equity, through the US Department of Energy’s State Energy Program. L4GG is helping to provide practical advice and assistance to effectuate a clean energy transition. I appreciate the organization’s focus on climate resilience, clean energy and climate justice.

Want to leverage YOUR unique skills as a lawyer towards crucial climate equity initiatives? Learn more about how you can plug into the work we’re doing at L4GG:

L4GG Condemns Court Ruling to Pull Abortion Medication Off Market

Last Friday, federal judge Matthew Kascmaryk, of the Northern District of Texas, issued a ruling invalidating the Food and Drug Administration’s (FDA) approval of mifepristone, one of two medications used in a standard medication abortion regimen. Mifepristone has been approved by the FDA for use in medication abortions since 2000, and its safety and efficacy records are exceptional.  

This decision is the latest in a slew of anti-abortion policies and rulings since the Supreme Court overturned Roe v. Wade last year, and if allowed to take effect, it could be the most catastrophic ruling since Dobbs itself. Judge Kascmaryk’s decision would require manufacturers to cease distribution of the medication during the pendency of the litigation, further limiting access to abortion care for patients nationwide, including in those states where abortion is legal and protected. Mifepristone is used in over 50% of pregnancy terminations in the U.S., and without it, patients across the country will have trouble finding timely medical care. 

Judge Kascmaryk’s ruling is anti-choice and is a vicious attack against the right to bodily autonomy.

““In an attempt to further limit access to reproductive care, Judge Kascmaryk’s ruling ignores or distorts decades of credible data about the safety and efficacy of mifepristone for medication abortion. Regardless of the ultimate outcome of the litigation, it represents another political intrusion into a medical decision making process that should only take place between doctor and patient. ” ”

— Alyssa Morrison, Reproductive Justice Staff Attorney at Lawyers for Good Government (L4GG)

The same day, a federal judge in Washington issued a competing ruling that would prohibit the FDA from discontinuing its use. It is unclear at this time what the impact of the competing rulings will be on access to this essential medication.

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Reproductive Health Legal Assistance Project (RHLAP)

It is more crucial than ever for lawyers to fight for reproductive health and abortion access post-Dobbs. L4GG is continuing to provide reproductive healthcare providers with crucial legal guidance and updates on abortion laws in 56 states and territories through our Reproductive Health Legal Assistance Program (RHLAP). No matter what unjust policies are enacted in our country, we stand firm in our fight for reproductive justice.

If you are interested in volunteering for RHLAP, click here to learn more!

L4GG: Credible Fear Interviews in CBP Custody are Deplorable and Must Be Stopped

On Friday, the Biden Administration announced that it plans to increase the pace of migrant processing by expanding its use of Credible Fear Interviews (CFIs) on asylum seekers in Customs and Border Protection (CBP) custody.

In these interviews, border officers determine whether asylum seekers have a “credible fear” for their life to return to their home country that corresponds to a valid asylum claim. In practice, this process consists of cruel, ruthless interrogations on vulnerable migrants, including children, who have no access to counsel. 

Without passing the CFI, asylum seekers cannot proceed with their asylum claims, and border officials have the power to swiftly deport them back to Mexico or their home country. Rushed processing means more vulnerable asylum seekers will undergo further trauma, will not be guaranteed due process, and will be returned directly to the danger they are fleeing. 

Lawyers for Good Government strongly condemns this decision by the Department of Human Services and urges the Biden Administration to build in actual legal protections to ensure human rights. 

““I witnessed firsthand the last time Credible Fear Interviews were conducted inside of CBP facilities during the Trump Administration. While the Trump administration claimed to provide legal counsel to asylum seekers in their CFIs, in reality attorneys were often unable to provide more than 5 minutes of rushed preparation on a phone line without any privacy from CBP guards. We were not allowed inside the facilities, and migrants often sobbed and pleaded for more time to prepare for their interviews.

When the Biden administration starts taking their policies from the last President, we can only assume that they will also take their guidance on what access to counsel looks like, too. L4GG urges the administration to do better, and are prepared to fight back should they choose to inflict more harm on vulnerable people fleeing persecution in their home countries.””

— - Priscilla Orta, Supervising Attorney of Project Corazon at Lawyers for Good Government