Latest Case: Seneca Nation of Indians v. State of New York (Arbitration & Mediation)

Does Father Know Best When It Comes to Abortion?

SHERRY F. COLB

Cornell law professor Sherry F. Colb comments on a “father knows best” bill that the Tennessee state legislature is currently considering, which would allow the father of a pregnancy to obtain an injunction against the mother’s having an abortion. Professor Colb notes that while requiring consent of the pregnancy’s father might make intuitive sense and most abortion decisions do include the father, she points out that “father knows best” (and father notification) laws disregard the interests of the embryo/fetus (by giving a father a say in whether to proceed with an abortion) and redistribute control of reproduction from women to men. Professor Colb argues that for these reasons, the Tennessee bill is even more objectionable than an outright ban on the procedure would have been.

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Seneca Nation of Indians v. State of New York

Docket: 19-4022

Opinion Date: February 22, 2021

Judge: Pooler

Areas of Law: Arbitration & Mediation, Native American Law

The Second Circuit affirmed the district court's judgment confirming an arbitration award in favor of the State of New York. The court held that the arbitral panel – which did in fact consider the Indian Gaming Regulatory Act (IGRA) – reasonably concluded that its task in this case was a straightforward matter of contract interpretation not subject to the Secretary of the Interior's approval. The court explained that the panel did not disregard the IGRA, and deferral to the Department of the Interior was not warranted. Therefore, the arbitral panel did not manifestly disregard governing law, and the district court properly confirmed the award.