David S. Cohen @dsc250 Twitter profile | Pikagi

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David S. Cohen

@dsc250

6,898

Followers

391

Following

629

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26,480

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feminist law professor @DrexelKline , reproductive rights activist, avid cyclist, husband, dad, indie rock enthusiast, Vermont lover, Phillies fan, he/him

Philadelphia

https://t.co/pKMlrWTv9D

Joined July 2009

Don't wanna be here? Send us removal request.

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@dsc250

David S. Cohen

7 months

WOOHOO!! The article @GreerDonley @RRebouche & I have been working on is FINAL in @StanLRev . And "Abortion Pills" is perfectly timed. EVERYTHING in one place you need to prep for the upcoming SCOTUS case challenging mifepristone. Get it while it's hot!

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@dsc250

David S. Cohen

2 months

If Harris is President for 8 years she likely replaces 4 Supreme Court Justices, including 3 Republicans. That would give liberals our own 6-3 supermajority. DREAM BIG, PEOPLE!!

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David S. Cohen

10 months

BREAKING: Supreme Court took the mifepristone case. This is the biggest abortion case since Dobbs.

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David S. Cohen

4 years

@RexChapman Two more times than he's ever won the popular vote.

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David S. Cohen

8 months

HUGE WIN for abortion rights in PA today! The PA Supreme Court overturned a 1985 case that said the state’s Equal Rights Amendment has no impact on abortion. The ban on Medicaid funding will now be reviewed as sex discrimination. We hope it will soon be found unconstitutional. /1

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David S. Cohen

2 years

Connecticut just became the first state to move an Abortion Provider Protection Act through a house of the legislature. HB 5414 passed the state House tonight in a bipartisan vote. Read on for the important things it does to ensure abortion access in a post-Roe world. /1

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David S. Cohen

3 years

Only Justice Sotomayor voted to stay SB8 pending oral argument. Not Breyer or Kagan. Not Roberts. Hard to imagine a good outcome when only 1 of the 9 thinks the law is worth stopping now.

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David S. Cohen

3 years

Bottom lines: 1) SB8 is still in effect. 2) Patients continue to be denied their constitutional right to abortion. 3) Texas continues to successfully circumvent the Constitution.

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@dsc250

David S. Cohen

3 years

Roberts: "Why shift your argument from cert to merits briefing?" Real answer Mississippi won't give: "Because Barrett is now on the Court."

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David S. Cohen

4 years

We liberals really shouldn't tell him he's 81. BECAUSE HE'S 82. (Born 8/15/38) @business

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@dsc250

David S. Cohen

2 months

@GGKrishnamoomoo I think appointing 4 of the 9 is more likely. But yeah, shoot for that too!

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David S. Cohen

1 year

People on here nitpicking whether 303 Creative applies here are missing the point. This hair salon owner, if sanctioned, will raise free speech as a defense. And the same folks defending 303 Creative will defend her, trying to carve out an even greater exemption. THAT'S THE GOAL!

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David S. Cohen

4 years

Let's not romanticize the past. White people are always upset by black people speaking up.

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David S. Cohen

7 months

Amicus brief filed with SCOTUS today in the mifepristone case by antis makes it clear - they read the Comstock Act as a total ban on abortion. Note the parenthetical here about devices and equipment, not just pills. /1

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David S. Cohen

3 years

Are there any better words in the legal world than "Thomas and Alito dissent"?

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@dsc250

David S. Cohen

5 years

Re-upping this. Really bad message sent!

@atrupar

Aaron Rupar

5 years

Here’s Trump saying at his rally in Kentucky last night that Matt Bevin losing “sends a really bad message” and pleading with his fans, “you can’t let that happen to me!” Welp, it happened.

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David S. Cohen

11 months

Abortion QUADFECTA!! Abortion wins in PA, OH, KY, and VA. Our streak is now 11 for 11 since Dobbs. ABORTION WINS ELECTIONS!!!

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David S. Cohen

5 years

Abortion clinic escorts are THE unsung heroes of abortion access. Thank you every single day.

@dsc250

David S. Cohen

5 years

This is what patients seeking basic health care have to walk through in Philadelphia right now.

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David S. Cohen

1 month

Montana Supreme Court strikes down the state's parental consent statute for abortion "because a minor’s right to control her reproductive decisions is among the most fundamental of the rights she possesses." State supreme courts FTW!

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David S. Cohen

4 years

Supreme Court denies cert in the Pittsburg abortion clinic buffer zone case. Which means the buffer zone, as interpreted by the Third Circuit, can remain. Victory for abortion access!

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David S. Cohen

2 years

This article from @mjs_DC gets it. "Connecticut's H.B. 5414 fights fire with fire. It is the gold standard for pro-choice legislation in the post-Roe era." via @slate

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Only One Blue State Is Fully Preparing for the Next Phase of the Abortion Wars

Republican legislators are already plotting to punish reproductive health providers across state lines. Connecticut has a plan to fight back.

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@dsc250

David S. Cohen

7 years

White privilege - you can try to blow up an airport last week and no one cares. by @ShaunKing

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David S. Cohen

1 year

And the Holocaust unit will teach how Jews learned a lot about mourning, resilience, and methods of mass murder. While also instructing students to remember that some Jews committed violence against Germans.

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@dsc250

David S. Cohen

10 months

VERY IMPORTANT distinction with Supreme Court abortion pills case. What they will review: standing for the challengers, the 2016 and 2021 changes in restrictions. What they will not review: the original 2000 approval of the drug. /1

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David S. Cohen

2 years

Dobbs is terrible. But amidst it is this ridiculously big professional accomplishment I want to share -- the dissenting Justices (Breyer, Sotomayor, Kagan) cited the draft article that @GreerDonley , @RRebouche , and I have been working tirelessly on for the past year. /1

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David S. Cohen

5 years

@mattyglesias You should post the debunking too, because what you've posted here falls into the same trap!!

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David S. Cohen

2 years

SOME GOOD REPRODUCTIVE RIGHTS NEWS! Today, New York became the second state to enact protections for abortion in a post-Roe environment. Connecticut did this first, but New York follows suit with even broader protections. Read on for what's involved. /1

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Abortion protections in New York fortified ahead of SCOTUS ruling

The bills were supported by Hochul and passed easily through both legislative chambers, where Democrats have strong majorities.

www.politico.com

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David S. Cohen

2 years

Under this law, only FDA can withdraw approval for a drug, not a court. Don’t believe me? Here’s an excerpt from a brief filed by food and drug law scholars (incl. @greerdonley ) explaining this process. You can read more for yourself here. /4

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@dsc250

David S. Cohen

3 years

@AngryBlackLady Zoom auto-transcript thinks I’m always talking about “sexy quality” and “racy quality” in my classes.

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David S. Cohen

3 years

Returning law students, how about we law professors share the grades we got in the courses we teach? Maybe my colleagues are different, but I think it will show you grades aren't destiny: Constitutional law - B+ Civil rights law - B+ Gender and the law - A-

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David S. Cohen

2 years

What an honor for me, ⁦⁦ @GreerDonley ⁩, and ⁦ @RRebouche ⁩ to have our academic work featured as an essential part of this super important NYT Magazine cover story.

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@dsc250

David S. Cohen

4 years

Hey @PhillyInquirer - this headline typo made me laugh

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David S. Cohen

2 years

BUT, as real as that fear is, there are theories out there that whatever he does won’t change anything, at least not soon. The first theory is that federal law has a very specific process for the FDA to withdraw approval of a drug and the judge cannot circumvent that process. /3

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@dsc250

David S. Cohen

2 months

THIS. The Court is only lost for generations if we let it be so.

@alexaronson

Alex Aronson

2 months

Just in love with the idea of a President Kamala Harris replacing 76 year-old Clarence Thomas and 74 year-old Voldemort—sorry, I meant Sam Alito—on the Supreme Court.

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David S. Cohen

2 years

So should abortion providers. Where’s the editorial about that?

@PostOpinions

Washington Post Opinions

2 years

Supreme Court justices should be able to feel safe at home, the Editorial Board writes.

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David S. Cohen

3 years

Today in the New York Times, @greerdonley @rrebouche and I argue that it’s time for the Biden administration to use the executive power and act boldly to save abortion access. And we come with ideas, lots of ideas! A thread... /1

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Opinion | Joe Biden Can’t Save Roe v. Wade Alone. But He Can Do This. (Published 2021)

It’s time to think creatively.

www.nytimes.com

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David S. Cohen

2 years

If FDA is ordered to start this process, it could take a long time to complete and FDA would be the final decision maker, with mife still on the market the entire time. EVEN IF the judge says it was improperly approved. /5

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David S. Cohen

2 months

So now we have our answer as to why Sam Alito missed two opinion announcement days in June. He wasn't sick. He wasn't traveling. He wasn't tending to an emergency matter. He was throwing a hissy fit over losing two majorities. Totally tracks.

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Exclusive: How Samuel Alito got canceled from the Supreme Court social media majority | CNN Politics

The hardline approach Supreme Court Justice Samuel Alito takes usually gets him what he wants.

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David S. Cohen

7 months

Comstock is a five-alarm fire for abortion rights and access. It needs to be repealed, and every Democrat needs to be talking about it non-stop. /2

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Opinion: It’s too dangerous to allow this antiquated law to exist any longer | CNN

Abortion foes are trying to weaponize the Comstock Act, a draconian 19th-century law still on the books, in ways that could make it the greatest threat to reproductive rights in America, write law...

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David S. Cohen

6 years

@SenateDems Can we now call this the #HatchRule and repeat it over and over, like the Republicans have tried to claim the "Biden Rule" about election-year confirmations and the "Ginsburg Rule" about non-responsiveness at confirmation hearings?

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David S. Cohen

2 years

And, per a unanimous 1985 SCT case, Heckler v. Chaney, the FDA’s enforcement discretion in these situations is COMPLETELY UNREVIEWABLE. No equivocation or exception here - it’s entirely up to the FDA and courts can’t force them to enforce their law. /9

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Heckler v. Chaney, 470 U.S. 821 (1985)

Heckler v. Chaney

supreme.justia.com

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David S. Cohen

5 years

As always, THANK YOU clinic escorts!!!

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David S. Cohen

2 years

Background - this is the case challenging FDA’s approval of mifepristone, the first of two drugs taken for a medication abortion. This is before a rabidly antiabortion judge and the fear he will rule against the FDA is real. Very real. /2

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The Worst Judge in America Could Outlaw the Abortion Pill Nationwide. It Gets Worse.

Dobbs was only the beginning.

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David S. Cohen

2 years

FDA doesn’t manufacture or distribute mife. All it does is enforce federal law regarding drugs. If FDA decides not to enforce federal law with respect to distribution of this now-not-approved drug, it can do so. /7

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David S. Cohen

2 years

@mjs_DC And to add - someone who was rated "not qualified" by her professional peers before getting the job.

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David S. Cohen

5 years

This is what patients seeking basic health care have to walk through in Philadelphia right now.

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David S. Cohen

5 years

@mattyglesias Here's a story clearly debunking - should be part of the initial post!

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David S. Cohen

1 month

NBC News is wrong. Comstock applies to “any article, instrument, substance, drug, medicine, or thing” — not just drugs. This correction needs to be corrected!

@NBCNews

NBC News

1 month

Fact-checking Kenan Thompson's assertion at the DNC that Project 2025 would ban all abortions:

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David S. Cohen

2 years

In fact, there are lots of drugs on the market without approval. The FDA even has a page about it where it says that it prioritizes enforcement action when there are serious safety concerns, which with mife we know there aren’t. /10

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Unapproved Drugs

Unapproved prescription drugs pose significant risks to patients because they have not been reviewed by FDA for safety, effectiveness or quality.

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David S. Cohen

2 years

Think of it like a police officer deciding not to pull you over for going 60 in a 55. Prosecutorial discretion is a basic part of law, and that includes the FDA. FDA has published guidance like this on products as wide ranging as infant formula and fecal transplants. /8

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David S. Cohen

2 years

But, what about the drug companies and providers? Won’t they have to follow the judge’s order? No, absolutely not. They aren’t parties to the case, and the judge can only bind parties (or their agents). /11

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David S. Cohen

3 years

Mifepristone will now be available via pharmacies! Big win!

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Mifeprex (mifepristone) Information

Mifeprex (mifepristone) Information

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David S. Cohen

3 years

Four hours later and it's just sinking in how ABSURD it is that because people can drop newborn babies off at fire stations now, PROBLEM SOLVED and Roe v. Wade is going to be overturned.

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David S. Cohen

2 years

If imitation is the sincerest form of flattery, @GreerDonley @RRebouche and I are incredibly flattered by @DLeonhardt and @IanPrasad (who don't mention our article at all).

The Next Abortion Fight: Mailing Pills (Published 2022)

More than half of U.S. abortions are conducted using pills. How will that change as red states ban the medication?

www.nytimes.com

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David S. Cohen

1 year

@jbouie I’m sure the cancel culture complainers will be all over this one

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David S. Cohen

2 years

Danco, the brand manufacturer of mife, is attempting to intervene, but even if they do, GenBioPro, the generic, is not a party. They will not be bound by anything the judge says. /12

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David S. Cohen

2 years

Second, what if the judge ignores federal law and orders FDA to take the unprecedented action of withdrawing approval? That doesn’t mean mife disappears. Not at all! /6

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David S. Cohen

4 years

This is what a felony murderer looks like.

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David S. Cohen

4 years

We need to get used to this reality: with this Supreme Court, religion is consistently going to be a get out of jail free card. Or, at least, Judeo-Christian religions will be.

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David S. Cohen

2 years

There are 10 anti-Fetterman ads for every one pro-Fetterman tonight. How are you being outspent like this @JohnFetterman on such a huge stage?

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David S. Cohen

1 year

Excellent news this morning! Now do mifepristone.

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F.D.A. Approves First U.S. Over-the-Counter Birth Control Pill (Published 2023)

The move could significantly expand access to contraception. The pill is expected to be available in early 2024.

www.nytimes.com

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David S. Cohen

2 years

Tomorrow, @womenslawPGH and I will be arguing a case in the Pennsylvania Supreme Court challenging the state's ban on Medicaid funding for abortion. A 🧵: /1

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David S. Cohen

6 years

Remembering Dr. David Gunn today. He was assassinated 26 years ago for no reason other than that he was helping women by providing quality medical care. Since that terrible day, 10 others have been killed for related reasons, most recently 3 in 2015. #CelebrateAbortionProviders

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David S. Cohen

8 years

Defunding @PPFA is unconstitutional - Congress violates Constitution with Planned Parenthood vote via @phillydotcom

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David S. Cohen

10 months

Very excited to share that @carolejoffe and I have signed a contract with @BeaconPressBks to publish our next book, WE'RE DOING IT ANYWAY: HOW THE SUPREME COURT ENDED ROE BUT NOT ABORTION. If all goes as planned, it should be out in the first part of 2025. /1

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David S. Cohen

9 months

Abortion case #2 before the Supreme Court this term. Justice Alito sure was right that Dobbs meant the Court was getting out of the abortion business. And by "right" I mean "horribly wrong."

@AP

The Associated Press

9 months

BREAKING: The Supreme Court allows Idaho to enforce its strict abortion ban, even in medical emergencies

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David S. Cohen

11 months

Ohio, Virginia, Kentucky - abortion wins!! Just need PA Supreme Court to come through for a QUADFECTA.

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David S. Cohen

5 years

Not a hard task....

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David S. Cohen

4 years

@AriMelber This would be the most Democrat thing ever.

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David S. Cohen

8 months

This week, @WomensLawProj & I filed a brief in the mife case before SCOTUS on behalf of myself & @rrebouche making arguments that have largely been absent -- that plaintiffs don’t have standing because they lack causation and redressability. Here’s why these args are crucial: /1

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David S. Cohen

2 years

@AngryBlackLady TMBG posted this on their Facebook page this past week. It's perfect.

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@dsc250

David S. Cohen

2 years

@mjs_DC The ABA's explanation:

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@dsc250

David S. Cohen

6 years

@JSalisburyNBCS @Phillies this is embarrassing. He's a young ace, you have "stupid money," and you're jerking him around over $2M? Quit that shit and pay the man.

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@dsc250

David S. Cohen

7 years

Unfortunately, this column from a year and a half ago is evergreen.

@dsc250

David S. Cohen

7 years

Why It's Time to Repeal the Second Amendment via @RollingStone

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David S. Cohen

10 months

Abortion pills will dominate the news now. @GreerDonley @RRebouche and I have all the info you need in this forthcoming @StanLRev article. It will be updated soon, but this version has the essentials.

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David S. Cohen

1 year

One word: abortion.

@AubreeLane3

Aubree Lane ☮️ 🌻✍️

1 year

@FaceTheNation @HC_Richardson @VP

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David S. Cohen

5 years

Well, Justice Thomas today in his crazy dissent about abortion and eugenics trotted out one of those anti-abortion myths, citing the esteemed George Will.

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David S. Cohen

2 years

The bill protects abortion providers and their helpers in CT, who are caring for patients from other states in CT, from being roped into criminal or civil cases in other states. This ensures they will care for abortion travelers without fear. /2

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David S. Cohen

7 years

There are only two types of people: 1) Those who think healthcare is a right 2) Those who think people should suffer because they lack money

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David S. Cohen

7 years

Hillary Clinton calls Kushner email revelations 'the height of hypocrisy' via @HuffPostPol

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David S. Cohen

6 years

@SenateDems #HatchRule

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The "Hatch Rule": Order FBI Investigations, It's the "Very Right Thing to Do"

The Senate Democrats just released a video from 1991 that they better drill into the American psyche ad nauseum. The key part, from Senator Orrin Hatch: “When they heard about this the first time,...

www.dailykos.com

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David S. Cohen

1 year

I’ll just be here waiting for all the folks who have been obsessed with “cancel culture” to come to her defense. Shouldn’t be long now…

@prem_thakker

Prem Thakker

1 year

NEW: A Wisconsin first-grade teacher publicly complained about her school district banning students from singing "Rainbowland" (a Dolly Parton & Miley Cyrus song about hope and togetherness). Now, in retaliation, the district just voted 9-0 to fire her.

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David S. Cohen

4 years

@kurteichenwald My kids ask me this from time to time and I have THE one and only correct answer: to the best of my knowledge, he regularly turns oxygen into carbon dioxide, which is good for the Earth's flora.

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David S. Cohen

7 months

Joe. Biden. Must. Talk. About. Comstock. NOW. @GreerDonley @RRebouche and I explain why in this new @Slate piece.

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The Biggest Thing Missing from Joe Biden’s State of the Union

The anti-abortion movement is trying to revive this archaic law.

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David S. Cohen

1 year

So here’s my question: this is a failure of the lawyers, right? Shouldn’t they have figured this out?

@melissagira

Melissa Gira Grant

1 year

Good morning, the Washington Post confirmed my reporting on 303 Creative:

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David S. Cohen

4 years

Florida man....

@RexChapman

Rex Chapman🏇🏼

4 years

Here’s Matt Gaetz in a confined space, indoors, maskless, gathering with others during the holidays — and being a jackass...

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David S. Cohen

7 months

For those who want to read the entire antiabortion brief laying out the reach of Comstock, it's here. /end

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David S. Cohen

2 years

It also makes sure that abortion records are protected from being discovered by other states trying to prosecute abortion crimes and prohibits CT law enforcement from cooperating with other states investigating abortion crimes as well. /3

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David S. Cohen

1 month

Announce to the world you have no heart without saying you have no heart.

@mattyglesias

Matthew Yglesias

1 month

The whole roll call is cringe at its best.

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David S. Cohen

6 years

@AP In an alternate universe: BREAKING: Senate Majority Leader Mitch McConnell is condemning sexual misconduct as a "shameful, shameful abuse campaign" usually engaged in by men against women.

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David S. Cohen

8 months

NEW from me, @GreerDonley , and @RRebouche -- it's time NOW to introduce a bill to repeal the Comstock Act. This has to be the #1 priority of Democratic members of Congress this year. /1

@CNNOpinion

CNN Opinion

8 months

It’s too dangerous to allow this antiquated law to exist any longer - read more here from @dsc250 @GreerDonley @RRebouche

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David S. Cohen

3 years

Today marks 4 weeks since the Supreme Court heard oral arguments in the Texas SB8 cases - still no decision. This is the amount of time from conception to not being able to get an abortion in Texas. The Supreme Court is acting with much less urgency than a patient in TX needs to!

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David S. Cohen

2 years

It allows CT folks sued in other states under SB8-style bills to sue in CT courts to recoup triple the damages in those lawsuits plus fees. /5

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David S. Cohen

10 months

Of course, they can ultimately review anything they want in the case before them. But, what they did this morning is a VERY STRONG indication that the original approval of mifepristone is safe . . . for now. /end

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@dsc250

David S. Cohen

2 years

So what's been going on in abortion-supportive states these days in response to Dobbs? Lots. Here's a 🧵 about encouraging developments that are protecting abortion providers in certain states. And an important caveat at the end too. /1

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David S. Cohen

2 years

There's more! It protects providers performing lawful abortions in CT from being extradited to other states for prosecution. /4

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@dsc250

David S. Cohen

4 years

Confirmation question for Amy Coney Barrett: "How can we trust you have good judgment when you took part, maskless and with no distancing, in an event that flouted every scientific recommendation and caused the President and many other leaders to get COVID?" 1/2

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@dsc250

David S. Cohen

2 years

And, as a cherry on top, it expands who can provide abortions in CT to include advanced practice clinicians (registered nurses, nurse-midwives, physician assistants). Full bill here. /6

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@dsc250

David S. Cohen

1 year

@jaywillis There is literally NO ONE other than maybe (maybe) Mark Hemingway's editor who read all 14 minutes of that.

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@dsc250

David S. Cohen

3 years

What a bizarre profession we're in - EVERYONE in the room knows the answer is "Barrett" but no one will come out and say it. And we lawyers know we shouldn't say it, even though THAT IS THE ANSWER.

@dsc250

David S. Cohen

3 years

Roberts: "Why shift your argument from cert to merits briefing?" Real answer Mississippi won't give: "Because Barrett is now on the Court."

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