Family Law and the Supreme Court, 2022-2023

Featuring

Domestic Relations

The Rise and Fall of a Reproductive Right: Dobbs v. Jackson Women’s Health Organization

Carol Sanger

The phrase Post-Roe Era is used to underscore the loss wrought by Dobbs v. Jackson Women’s Health Organization, but it is only a matter of time before today’s state of reproductive constitutionalism solidifies into the more authoritarian Dobbs Era.

Civil Rights & Constitution

Same-Sex Family Recognition and Anti-Discrimination Law: A Free-Speech Battleground

Arthur S. Leonard

The Supreme Court is considering for a third time since 2015 whether state or local jurisdictions can prohibit private agencies or businesses from refusing to provide services to married same-sex couples or those who intend to marry.

Domestic Relations

Brackeen and the “Domestic Supply of Infants”

Marcia Zug

In 2022, the Supreme Court heard oral arguments in Brackeen v. Haaland, which concerns the constitutionality of the Indian Child Welfare Act, enacted in 1978 to help keep Native American children connected to their families and culture.

Children

After Brackeen: Funding Tribal Systems

Kathryn E. Fort

This article explains the challenges and identifies the limitations and hurdles Native American tribal governments face when attempting to secure funding for their own tribal child welfare systems through the current child protection framework.

Children

“The Gold Standard” of Child Welfare Under Attack: The Indian Child Welfare Act and Haaland v. Brackeen

Julia Gaffney

While the Indian Child Welfare Act act has made strides in ensuring the “best interests” of Indigenous children and their tribes are represented in child welfare proceedings, the law’s constitutionality is under attack in federal court.

Domestic & Sexual Violence

Golan v. Saada: Protecting Domestic Abuse Survivors in International Child Custody Disputes

Molshree “Molly” A. Sharma

Only some circuit courts have required consideration of the availability of ameliorative measures to limit risk to a child in international custody disputes. The Supreme Court recently clarified the issue through its ruling in Golan v. Saada in 2022.

Domestic Relations

In Memory of Narkis Golan

Nicole Fidler

This in memoriam to Narkis Golan, the mother at the heart of Golan v. Saada, an international child custody lawsuit, describes her tenacity and desire to help others. She tragically died in 2022.

Lisa F. Grumet

Linda D. Elrod

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April Pacis

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Ann Laquer Estin
Solangel Moldonado
Lynda B. Munro
J. Thomas Oldham
John J. Sampson
Samuel V. Schoonmaker IV
Robert Spector
Jessica Dixon Weaver

Renew Your ABA Membership

Family Law and the Supreme Court, 2022-2023

Editor’s Note: Family Law and the Supreme Court, 2022-2023

Introduction to Family Law Quarterly, Volume 56, Numbers 2&3

Acknowledgements

Featuring

The Rise and Fall of a Reproductive Right: Dobbs v. Jackson Women’s Health Organization

Same-Sex Family Recognition and Anti-Discrimination Law: A Free-Speech Battleground

Brackeen and the “Domestic Supply of Infants”

After Brackeen: Funding Tribal Systems

“The Gold Standard” of Child Welfare Under Attack: The Indian Child Welfare Act and Haaland v. Brackeen

Golan v. Saada: Protecting Domestic Abuse Survivors in International Child Custody Disputes

In Memory of Narkis Golan

Editor in Chief

Lisa F. Grumet

Editor Emeritus

Linda D. Elrod

Student Editor in Chief

April Pacis

Editorial Board

Ann Laquer Estin

Solangel Moldonado

Lynda B. Munro

J. Thomas Oldham

John J. Sampson

Samuel V. Schoonmaker IV

Robert Spector

Jessica Dixon Weaver

ABA Resources

The ABA

Connect

Renew Your ABA Membership

American Bar Association TM American Bar Association

Family Law and the Supreme Court, 2022-2023

Editor’s Note: Family Law and the Supreme Court, 2022-2023

Introduction to Family Law Quarterly, Volume 56, Numbers 2&3

Acknowledgements

Featuring

The Rise and Fall of a Reproductive Right: Dobbs v. Jackson Women’s Health Organization

Same-Sex Family Recognition and Anti-Discrimination Law: A Free-Speech Battleground

Brackeen and the “Domestic Supply of Infants”

After Brackeen: Funding Tribal Systems

“The Gold Standard” of Child Welfare Under Attack: The Indian Child Welfare Act and Haaland v. Brackeen

Golan v. Saada: Protecting Domestic Abuse Survivors in International Child Custody Disputes

In Memory of Narkis Golan

Editor in Chief

Lisa F. Grumet

Editor Emeritus

Linda D. Elrod

Student Editor in Chief

April Pacis

Editorial Board

Ann Laquer Estin

Solangel Moldonado

Lynda B. Munro

J. Thomas Oldham

John J. Sampson

Samuel V. Schoonmaker IV

Robert Spector

Jessica Dixon Weaver

ABA Resources

The ABA

Connect