Examining President Obama's Executive Orders on Women's Rights Issues

Chicago-Kent Law Review

Volume 91 Issue 1 Congressional Dysfunction and Executive Lawmaking During the Obama Article 8 Administration

1-29-2016

Feminist-in-Chief? Examining President Obama's Executive Orders on Women's Rights Issues

Mary Pat Treuthart Gonzaga University School of Law

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Recommended Citation Mary P. Treuthart, Feminist-in-Chief? Examining President Obama's Executive Orders on Women's Rights Issues, 91 Chi.-Kent L. Rev. 171 (2016). Available at: https://scholarship.kentlaw.iit.edu/cklawreview/vol91/iss1/8

This Article is brought to you for free and open access by Scholarly Commons @ IIT Chicago-Kent College of Law. It has been accepted for inclusion in Chicago-Kent Law Review by an authorized editor of Scholarly Commons @ IIT Chicago-Kent College of Law. For more information, please contact [email protected], [email protected]. 37288-ckt_91-1 Sheet No. 93 Side A 12/28/2015 14:43:02 ATION , N.Y. ,N 2 (Feb. 7, 2007), IMES , N.Y. T 1 REUTHART T 171 AT AT What Women See When They See Hillary P NTRODUCTION I. I Rightsvs. Rights:Improbable An Collision Course ARY ARY ) 12/16/2015 8:47 PM M ELETE Right Candidates, WrongRight Candidates, Question D OT OT N O Who be the party’s should nominee for president: Lakshmi Chaudhry, (D Mark Leibovich, 3 Gloria Steinem, see also How couldHow carefully-constructed coalitions groups between 4 See See generally FEMINIST-IN-CHIEF? EXAMINING OBAMA’S PRESIDENT REUTHART FINAL EXECUTIVE ORDERS WOMEN’SON RIGHTS ISSUES (Jan. 13, 2008), http://www.nytimes.com/2008/01/13/weekinreview/13leibovich.html 7T The 2008 Democratic primary election presenteda dilemmafor I didn’t run for President so that the dreams of our daughters could be deferred or denied.I didn’t run for President to see ine- quality and injustice persist in our time.for I ran President to put the same rights, thesame opportunities, [and] the same dreams withinthe reach for our daughters and our sons alike.for I ran President to put the American Dream within the reach of all of our people, no matter what their gender, or race, or faith, or station. 4. 1. Pat Mary Treuthart is a Professor of at Law Gonzaga University School in of Law 2. President Barack Obama, Remarks by the President and the Lady at First Interna- 3. IMES (June14, 2007), http://www.thenation.com/article/what-women-see-when-they-see-hillary (ex- feminist voters. feminist (referencing the division Elizabeth between Frederick Cady Stanton and Douglass about which group should rightto the first). be granted vote Spokane, Washington.Spokane, the with am I pleased opportunity to participatesymposiumthis in is- suethe of Chicago-Kent Review. I Law acknowledge the importance ofsupport the for faculty research projects provided by Gonzaga University School and the of beneficial Law inputfrom my colleagues, especiallyfaculty at Ann a winter 2014 Murphy, workshop presentation and thereafter. Much appreciation to goes Ashley Sundin, research librarian, and to Ruth Ptak, student research assistant, facilitated who my by making work their contributions in a timely, efficient, and cheerfulmanner. Finally, thank you to the Chicago-Kent Law Review staff for the help provided during the editing process. Women’stional Day Reception 8, 2010) (transcript (Mar. https://www.whitehouse.gov/the- at press-office/remarks-president-and-first-lady-international-womens-day-reception). http://www.nytimes.com/2007/02/07/opinion/07steinem.html (suggestingthat progressives irrelevantshould into to debate refuse an be drawn about Clinton Obama it versus is because destructive); T SenatorWould Clinton Rodham Hillary or Barack Senator Obama? feministsto the media portrayal succumb thatfinal the decision could be reduced to a question of gender, race versus replicating rights thepast civil struggles women’s rights between move- and ments? plaining that women who previously supported Hillary are torn when it comes it previously supportedtorn plaining that women when who Hillary are supporting to her bidthe for presidency). 37288-ckt_91-1 Sheet No. 93 Side A 12/28/2015 14:43:02 A 12/28/2015 93 Side Sheet No. 37288-ckt_91-1 37288-ckt_91-1 Sheet No. 93 Side B 12/28/2015 14:43:02 OST OME OME P supra S , note 6, For one For one ENNIFER ENNIFER [Vol 91:1 (Jan. 13, Id. IRST EPRISE AND RESIDENTIAL F 5 supra E AGA AND :R , B UFFINGTON ,G UARDIAN IME (Aug. 2008), IRST (Sept. 2008), T 2008 P ,H OO F ,G G O HOULD G S OO The doves and the and the The doves HO There were genera- There were AIR Barack Obama: How He Did Barack Obama: He Did How !G OLITICAL F 7 , CNN (Aug. 28, 2008), W 6 P EM HOULD in F’ S , TLANTIC in HO , W PEAK OUT ON THE ANITY ANITY in in S , ,A EADERSHIP IN L ,V EMINISTS Hillary Clinton Says War Her Iraq VoteWas a ‘Mis- ?F 11 ) 12/16/2015 8:47 PM Duel of Historical Guilts Intersectionality IRST RESIDENTIAL F Clinton Obama offered experience; promised I’m a BlackWoman.I’m IsMy Dream This ELETE ,P Discussionsgender, and debates race, about E 9 D CHICAGO-KENT LAW REVIEW B 8 OT OT N O (D Feminist Leaders Oppose Hillary,Endorse Obama HOULD 243, 245 (2011) (explaining thatthefeminism of waves description can KOWRONEK S S , Dowd, Maureen HO ALLS Is There a Fourth Wave? Does it Matter? (May 19, 2015), http://www.politico.com/story/2015/05/hillary-clinton-iraq-war- (Nov. 4, 2008), http://www.newsweek.com/barack-obama-how-he-did-it-85083. Hillaryland War at , B e.g. And, in the end, Barack theObama Demo- 2008 became Patricia Williams, Patricia The Front-Runner’sFall 168 (2d ed. 2011). , 10 (Beverly Guy-Sheftall& JohnnettaBetsch much for Cole eds., 2010) con- the of TEPHEN Obama MakesObama HistoryDemocratic as Nominee See See REUTHART FINAL OLITICO P 172 7T Political theorist and activist ZiIlah Eisenstein that observed Several high-profile Several feminists weighed in publicly, voicing their ’ 6. See W 5. 7. 9. Dianne M. Pinderhughes, 8. Jon Wiener, EWSWEEK , 10. S 11. EAPPRAISAL AMPAIGN AUMGARDNER HOUGHTS ON ,N perspective Obama captured the on how presidencysee 2008, in It tional divisions between “second wave” ‘70s era feminists, era ‘70s tional “second divisions between their and wave” real“third and metaphorical wave” daughters. “one of the most significant things about the 2008 election is that it significant election“one most the is that of 2008 it things the about preferences for one candidate over the other. the over forpreferences one candidate note 6, at 25. For a brief primerthe on different of “waves feminism,” see J change. (Mar. 28, 2008), http://www.huffingtonpost.com/jon-wiener/feminist-leaders-oppose- h_b_84715.html (indicating that Clinton’s supportWarfor the the was Iraq main she reason lostsupport the calling of the group York itself “New FeministsPeace for and Barack Obama!”). Hillary Clinton since has acknowledged thatthe “a mis-for was her vote Iraq war take, plain and simple.” AdamLerner, B. take at 171, 181 (concluding 2008 that “[r]ace, in class, gender,the trinity’ and ‘holy intersection- of al analysis, are centralfactors the electoral in outcomes [that] in year’s primariesto date”). http://www.cnn.com/2008/POLITICS/08/27/dnc.main/index.html.At the Democratic National Convention, Clintonmademotion for a the delegatessupport to Obama unanimously without finishing the roll call vote, to presumably demonstrate party for unity his candidacy. hawks squared off, with the formerhawks the squared Clinton’s with off, about sup- concerned port for theWar. Iraq 2008), http://www.theguardian.com/commentisfree/2008/jan/13/uselections2008.worldcussing the moment extraordinary (dis- in history there are serious where “black and femalepresi- dentialcandidates” are, “indeed,contenders”). who as their twice good nearest as and class proliferated. http://www.theatlantic.com/magazine/archive/2008/09/the-front-runner-s-fall/306944, and Gail B T R C traditionally disadvantaged in the over- politicalsuccessfully process come stereotyped thinking divisions and binary and come together election?generalthecandidate in to Republican the defeat http://www.vanityfair.com/news/2008/08/clinton200808. temporaneouscommentary written by feminists preserved in this for review titled aptly book. vote-mistake-iowa-118109.html. cratic presidential nominee. be “useful shorthand inthe describing broad strokesfeminist of history”). Sheehy, For an in-depth struggles the look at the of Clinton campaign, 2008 primary Joshua see Green, 37288-ckt_91-1 Sheet No. 93 Side B 12/28/2015 14:43:02 B 12/28/2015 93 Side Sheet No. 37288-ckt_91-1 37288-ckt_91-1 Sheet No. 94 Side A 12/28/2015 14:43:02 , ” 173 OPER OPER The LOBAL HANGE G C ,R women. 15 (1985) AND , OLITICS (Dec. 22, 2008), , her husband Subsequently, P ERSONAL AND 17 OSITIONS (Apr. 2009), 20, . ,P Pollitt urged to him ATION :AP MERICAN 15 ,N A ARTIES ATION . ENDERS :P How Voted Groups in 2008 G A few weeks before he took ,N IGHTS R 14 Washington Post Ms. Magazine S ANDIDATES IN ’ ACES AND C tooktack.fu- a different Although R OMEN genderkeystone his ad- a equality of W OMEN AS ) 12/16/2015 8:47 PM ., UDACITY OF M ,W , http://www.ropercenter.uconn.edu/polls/us-elections/how- A A ELETE 143 (2009). OLITICS OF OLITICS D HE P OT OT ,T ARROLL Ms. Magazine N HE C ESEARCH The Feminist Mystique:The Election How Notorious 2008 KilledWord a O Barack Feminist Obama, in Chief? LECTION ,T BAMA FOR (D E .R P ,O USAN (Jan. 2009), 22, EXECUTIVEWOMEN’S ORDERS RIGHTSON ISSUES 16 ISENSTEIN E .O BAMA O UB APER OLBRECHT But even after he won the 2008 general the won after electionBut with even he In a subsequent column, Pollitt, an Obama supporter during the primary cam- P P W Obama’s 100-Day Hope Check Obama’s ILLAH Indeed, Obama’s campaign literature emphasized his com-campaignIndeed, literature Obama’s emphasized 13 See Barack on Women’s Obama Rights:Barack is Obama Dedicated to Improving Id. REUTHART FINAL , that observed “[f]or care women who some about women’s ITY ITY 12 FOR 2016] 7T The editors at .C . 14. Women comprised 53% of voting those in the 2008 presidential election; 56% of 13. 12. Z 16. 17. Amanda Hess, 15. Katha Pollitt, ASH HRISTINA TR TORY OF THE TORY http://obama.3cdn.net/4ad874dbd8e8eaff7d_71m6btc7j.pdf (last visited Nov. 7,Wom- 2015). Pollitt, Pollitt, was notfeminist reluctant speaking thewas to label of when embrace with Eleanor Smeal,publisherthe of (characterizing women’sissues rights policy as those “where consequences to are likely have morea significantly immediate impact and direct on men”)).ofthan larger numbers women women cast who ballotsthe in election voted for Obama. office,feminist commentator Pollitt, Katha writingcolumn in a Nation equality,jury the is still outObama. on They for voted him,they but don’t trustright himthe to for thing do women.” en’s rightscan issues be defined as “thatset policies of that concern womenas 19 (2000) (citing S C http://www.thenation.com/article/barack-obama-feminist-chief. http://www.thenation.com/blog/obamas-100-day-hope-check supportmajority of ofa women voters,Obama’s feminist fides bona still appeared to be open for debate. http://www.washingtoncitypaper.com/blogs/sexist/2009/01/22/the-feminist-mystique-how- election-2008-killed-a-notorious-word (discussing the progression of the views on “feminism” the LivesWomen of S C brought the complexity of feminism to the fore of mainstream politics.” become feminist “a truly President,” in and, summary,to move be- platitudesyond and to “make ministration.” mitment to women’s rights issues in the areas of promoting pay of pay promoting areas rights in the issues mitmentto women’s equity, businesses, investing supporting reproduc- in women-owned autonomy, againsttive advancing women, combatting violence educationalwomen’s opportunities,protecting and women’s health. ture First Lady Michelle Obama to declined herself characterize as a feminist in a 2007 interview with the paign, summed up his gender politicsin office duringfirst thethree months concluding by “he’s been terrific on women’s rights and reproductive rights, here and abroad . . . .” Katha W groups-voted/how-groups-voted-2008 (last visitedJuly 31, 2015). and “feminist”time and after over the before Obama’s election). 37288-ckt_91-1 Sheet No. 94 Side A 12/28/2015 14:43:02 A 12/28/2015 94 Side Sheet No. 37288-ckt_91-1 37288-ckt_91-1 Sheet No. 94 Side B 12/28/2015 14:43:02 In In 18 [Vol 91:1 (June 10, How Feminism . (Spring 2009), ORBES AG ,F .M S ,M (Jan.11, 2009), , Amy Siskind, Siskind, , Amy EAST See, e.g. B special inaugural issue striking a All of thislike seemed a propitious AILY AILY Particular achievements early noted by 21 ) 12/16/2015 8:47 PM 20 ,D ELETE D CHICAGO-KENT LAW REVIEW 22 Ms. Magazine Grading the White House on Women’s Issues OT OT N Presidential cover page featuring pagePresidential cover Obama, Smeal Ms. Magazine onMagazine Ms. Barack Obama: “ThisWhat a Feminist is Looks O (Jan. 27, 2009), 27,(Jan. (D .card returned a report sorts on President of with OW Ms. N Ms Obama’s FirstObama’s 100 Days: Giant Strides for Women 19 Id. REUTHART FINAL EMOCRACY EMOCRACY 174 7T A year later, the reaction from later,A year the to reaction prominent leaders women Indeed, D ” , 19. Amy Goodman, 18. Press Release, Ms. Magazine,Winter Ms. Puts its Obama Cover (Jan. on 2009 12, 21. 22. Hannah Seligson, 20. Editors, ministration hasgiant for taken strides in terms women employ- of ment, reproductive health[,] and elevation of rights women’s domestically and globally.” start, but the question posed by some observers was: Would somestart,question observers the posed by was: the but momentum continue? PresidentObama’s progress on gender was equality decidedly more http://www.thedailybeast.com/articles/2009/01/11/how-feminism-became-the-f-word.html (ex- pressingconcern thatvision current “the man of ‘feminism’ striking is a a Superman pose”). 2010), http://www.forbes.com/2010/06/10/womens-rights-obama-administration-white-house- 2008), http://msmagazine.com/press/2008_obamacoveradvisory.asp. This editorial decision notwas embraced wholeheartedly by all feminists. Superman-like ripping pose and open his suit jacket to a T- reveal shirt a logo with proclaiming,feminist“This like.” looks a is what the figure the across splashed a newly-elected of President Obama was the front of the 2009 Like Obama’sfirst 100 days office, in concluded “[t]he which Obama Ad- Became the F-Word http://www.msmagazine.com/spring2009/GreatStrides.asp Eleanor (where Smealcommented, “I’ve been working for women’sWashington, rights in D.C. sincethe days of Jimmy Carter, and I’ve never seen anything like the constant outreach to and inclusion of women’s leaders and thefor of actions pace women’s rights”). explainingthe said, to “we wanted tell the thatworld self-identifies he as a feminist strongest the run majorand that platform on any for he’s party of to rights. capture also wanted bothwomen’s the we And national for feminist and hope the his mood highmood of and expectations presidency.” http://www.democracynow.org/2009/1/27/ms_magazine_on_barack_obama_this. the editors included (1)overturningglobal the gag rule;(2) appoint- ing seven to women cabinet-level positions; (3)the creating position of ambassador-at-largefor global women’s issues; (4) establishing WomenWhiteGirls on the and (CWG); House Council (5) re- and starting the contributions the the United by to United States Nations Population Fund (UNFPA). council-on-women-girls-forbes-woman-leadership-equal-pay.htmlmomen- the (asking whether tumthat existed continued in to 2009 as time on). exist went 37288-ckt_91-1 Sheet No. 94 Side B 12/28/2015 14:43:02 B 12/28/2015 94 Side Sheet No. 37288-ckt_91-1 37288-ckt_91-1 Sheet No. 95 Side A 12/28/2015 14:43:02 27 175 ” Lisa Here, 24 In con- 30 25 women. Mere height-Mere 170, 173 (Cindy Si- 29 Herpriorities in- 23 ONGRESS C women’s rights issues? Cer-women’s are RANSFORMING concern;rather, the of promotion T OMEN rights W ) 12/16/2015 8:47 PM in note 13, at 15). at 13, note , ELETE Female Legislators RightsFemale Women’s and the Agenda: From D supra note 13, at 19. at 13, note OT OT , N O (D supra , ARROLL EXECUTIVEWOMEN’S ORDERS RIGHTSON ISSUES (citing C But President Obama had three more years in office—and Butthree in office—and more President years Obama had OLBRECHT At least one scholar proposes that ofAt proposes a degree least one scholar intentionality Id. Id. Id. Id. Id. Id. REUTHART FINAL 26 28 2016] 7T Thisquestion: begsWhat the 29. Christina Wolbrecht, 23. 24. 25. 26. 27. W 28. 30. scription that“set as women policies is a concern of possibly more—to demonstrate the breadth and depth of his com- depth his of more—tothe breadth demonstratepossibly and mitment rights. women’s to tain topics may be more readily associated with the concept of of concept the associatedmore readily with tain be may topics rightswomen’s arena, in the policy but there is no single unassaila- ble definition ofterm the “women’s rights issues.” de- A common is a prerequisite be should and that women the “intended benefi- ciary, constituency, object” a particular of or action. Feminine MystiqueEra to Feminist trast, Siskind, Amy founder of Agenda, The New a progressive leadership organization,women’s her expressed disappointment with the work of the in particular, CWG characterizing its creation as “form substance” over and lamentingfact“[i]t the hasn’tdone anything.” Maatz, the policy government and director public of for the relations Women,American Association University of “angave A for outreach”to and described issues Obama’s the efforts on women’s setbacks as “entirely not the fault of the administration.” Another rightsto approachwomen’s characterize as those issues is a more immediate likely consequences are to policy “where have and direct impact larger on significantly of numbers than women of men.” mixed. Terry O’Neil, president of the Organization National for Women (NOW)opined that “[t]he taking administration not is enough of an initiative to change the reality for women.” cluded securingWhite from leadership the to ratify House the Con- to vention Eliminate All Forms ofWomen Discrimination Against (CEDAW) Equal the and adopt Rights Amendment (ERA). ened interest women in a specific by topic not would necessarily categorize it as a women’s mon Rosenthal ed., 2002). greater equality and opportunityfor recognizing while women their fromdifferencesmen essential is an part of equation. the 37288-ckt_91-1 Sheet No. 95 Side A 12/28/2015 14:43:02 A 12/28/2015 95 Side Sheet No. 37288-ckt_91-1 37288-ckt_91-1 Sheet No. 95 Side B 12/28/2015 14:43:02 , : , 6 , 6 .99 , 42 EV RDERS [Vol 91:1 O ., 98-611 TROKE OF A A TROKE OF ERV S . 123 (1994); S EV . 1 (1993); John EV XECUTIVE XECUTIVE Joshua B. Kennedy, ITH THE ITH .L.R CTION , 31 UWLA L. R HI ESEARCH .L.R ,W A .R note 34; Abner S. Greene, S.note Greene, Abner 34; OLUM AYER see also . L.J.J. 541 (1994); Thomas ONG (2008). ., RS20846, E , 61 U. C ALE supra ,C R. M , 93 C ERV XECUTIVE XECUTIVE S ELYEA E R VERVIEW , 104 Y 35 (2001)); ENNETH O ESEARCH AROLD OWER IRECT Why Our Separation Powers of Jurisprudence Is H P .R D . 1 (2002); Steven Calabresi G. Saikrishna & B. Pra- ONG EGIS President or King? The Use and Abuse of Executive ofPresident and Abuse The Use or King? Or- ) 12/16/2015 8:47 PM . 506 (1989); Gaziano, ,C . 273–75 (2001). 267, ACKGROUND AND EV Executive Orders and Presidential Unilateralism OL The Use and AbuseThe UseExecutive and of Other Orders Presiden- and ELETE :B RESIDENTIAL D CHICAGO-KENT LAW REVIEW P See generally , 28 J., 28 L After thePresidential Orders: and UnilateralMemoranda Action Implied constitutional statutory and authority .L.R URROWS OT OT Executive orders are the most familiar ordersmostthe Executive are of type 1 (2010). . 59 (2015), 59, http://apr.sagepub.com/content/43/1/59 (indicating VERVIEW OF VERVIEW OF 34 N .L.&P ASH ES O 32 O 31 K. B EV . Q. 724, 724 (2014). Depending on the breadthof description, there (D IRECTIVES .R .W Despite lack the constitutional parameters specific of II. .R D . Q. 138, 142 (2012) (quoting K OL TUD EO The Protective Power ofPresidency the RDERS AND 33 ,Branum, Tara L. EX S O .P EVOCATION TUD ANESSA M . 265 (2007); E. Elliot, Donald R S V Todd F. Gaziano,Todd F. ,5T , 57 G , 57 Abovethe Law: Evolution of Executive Orders (Part One) EV In contrast, scholars of the American Presidency from other American Presidency In the of contrast, scholars See See See, e.g. REUTHART FINAL , 43 A A WolfA Clothing:Sheep’s in The UnilateralExecutive Separation and the Powers of RESIDENTIAL L. R 35 XECUTIVE XECUTIVE The President’s Power to Execute the Laws 176 7T Various formsVarious of presidential directives comprise the presiden- Much of reviewMuch the law scholarship has centered on the consti- RESIDENTIAL :E 33. 31. Kenneth Lowande, 34. 32. Rudalevige, Andrew 35. IERCE RESIDENTIAL EN SSUANCE AND that “agency responsivenessto executive orders is not at all guaranteed” and a number of factors decision the affect to respond). Henry Monaghan, tial Directives tial Cleary, P P ders in Modern-DayAmerica So Abysmal So maytwenty or more be differenttypes of directives that by presidents, have been used beginning in the twentieth century. GOV, P GOV, Checksand Balances inof an Era Presidential Lawmaking tial administrative toolkit including executive orders, proclamations, and memoranda. 44 P P beingmindfulaforementioned the of explanation, examination this will concentrate orders on executive the that primarily em- involve gender-basedreproductivepowerment rights, of violence, women, and employment. in terms orders of generallyissuance, definition or executive have a legitimatebeen acknowledgedpresidential as power of exercise from the beginning. I provides the basis for the execution as well as the implementation of implementationof as the as well execution forthe the provides basis these orders. tutional and separation of powers aspects of presidential of tutional of aspects direc- and separation powers tives. A. Sterling, kash, kash, “‘Do This!“‘Do and Nothing Do That!’ Will Happen”: Executive Bureaucratic and Orders Respon- siveness presidential directives because are they publicly issued, targeted to officials branch,and agencies the executive within “com- and they direct discretion, substance, presiden- of and bine the level highest tial involvement.” 37288-ckt_91-1 Sheet No. 95 Side B 12/28/2015 14:43:02 B 12/28/2015 95 Side Sheet No. 37288-ckt_91-1 37288-ckt_91-1 Sheet No. 96 Side A 12/28/2015 14:43:02 38 177 BUSE . 397 As a A EV 36 IGHTS .L.R SE AND R U UL S ’ HE :T , 88 T , 88 OMEN W RESIDENT P It is designed to create a 5 (2003). 5 RevisitingPresidencies: the Two The The of federal heads every 39 ROMOTE ROMOTE . (2005), 101 n.1 81, P OMEN 40 ES W RDER OF THE O .R HAT HAT Y OL T 37 ,B .P M The Most Dangerous Directive:The RisePresiden- of ) 12/16/2015 8:47 PM OOPER , 33 A , RDERS RESIDENCY AND RESIDENCY ELETE P J. C O D 47–100 (2d ed. 2014) (providing an in-depth examination the of HE OT OT N ,T HILLIP O P CTION (D A ARTIN EXECUTIVEWOMEN’S ORDERS RIGHTSON ISSUES XECUTIVE XECUTIVE IRECT E M. M This comports with the view previously expressed by for- previously by expressed Thiswith the comports view D at 231. at III. 41 ANET See generally Id. REUTHART FINAL 2016] 7T Executive Order 13,506 Reviewing PresidentObama’s presidential regarding directives Less than two months after Obama taking months Less than office, two President .Id. XECUTIVE XECUTIVE 37. 39. Exec. Order No. 13506—EstablishingWhite a House CouncilWomen on and Girls, 3 40 41. 38. J 36.W. Bryan Marshall &Pacelle, Richard L. Jr., E http://apr.sagepub.com/cotnet/33/1/81. mer AlbrightMadeleine of Secretary State government,“in our that C.F.R. § 230 (2009). C.F.R. § 230 reasons presidents executive orders). rely on women’s rights issues reveals those subjects he has chosen to high- chosen has those he subjects rightsreveals women’s issues partisanlight unfetteredgridlock. and congressional politics by when focusingconstituent specific on a As one expert observed, has andgroup such as women the issues of to them concern “in-allows sight into theWhite nature of House decision-making and processes perhaps insight into involvement presidential itself in the process.” (2013). StrategicExecutive Orders of Use (2000); Jessica M. Stricklin, Comment, tial inTwenty-FirstMemoranda the Century LegislativeShortcutAs a Ultimately, actions examiningfacil- and their executive these context pro- Obamahas effectively extent which to of itates the analysis an gendermoted equality during his presidency. disciplines such as political as such disciplines “more de- are science concerned with veloping and/ortesting of explanations presidential behavior.” “coordinated Federal response” in addressing issues that have a a that have “coordinated issues response” in addressing Federal primary effect girls. and on women OF result, greater emphasis is placed on ways that executive orders that can executive result, ways is placed on greater emphasis for different purposes. be used agency and major Whiteagency and major House office the CWG’s comprise mem- bership. signed Order Executive 13,506, establishedWhite which the House WomenCouncil on Girls and (CWG). 37288-ckt_91-1 Sheet No. 96 Side A 12/28/2015 14:43:02 A 12/28/2015 96 Side Sheet No. 37288-ckt_91-1 37288-ckt_91-1 Sheet No. 96 Side B 12/28/2015 14:43:02 , 48 43 45 ad USH USH IRLS B [Vol 91:1 &G EORGE , http://1997- OMEN ,G W 16 (2006). RCHIVE INLAY :A F . Q. 477, 481–82 (2003) ES TATE ROGRESS OUNCIL ON S P Betsy Myers, the first the Myers, Betsy .R T ARBARA :C ’ S ’ B OL 49 EP A few months earlier, the OUSE OMEN H 46 ,56P W 42 see also , U.S. D HITE ,W LOCK ON Feminist Organizational Structurein the White C Bush HasBush Closed OfficeWomen’s Initiatives: for Action . (Mar. 30, 2001), http://articles.chicagotribune.com/2001- ) 12/24/2015 7:18 PM ACK THE B RIB ELETE 47 .T D CHICAGO-KENT LAW REVIEW HI OT OT URNING ,C N O :T note 38, atnote 256. note 38, atnote 256. (D OMEN supra supra W 44 , , ARTIN ARTIN AR ON About the CouncilWomen and on Girls President’s Interagency Council Women on Id. REUTHART FINAL W D.C.-based feminist group Washington Women’s Advocates. 178 7T Barack Obama was not the firstnot the Barack toObama was specialized bring executive a Accordingto its presidential author,the enti- purposethe of new TheOWIOfrom the resulted consultations between Chiefs-of- 43. Press WhiteRelease, House, President Barack Obama AnnouncesWhite House 47. M 42. 48. Noelle Norton & Barbara Morris, 46. 49. Amy Goldstein & Allen,Mike 44. ty createdty Executive by Order“isto 13,506 ensure that American girls and women are treatedfairly in all matters of public policy.” whether we arewhether we truly fulfillingthe promise of for democracy our all our people.” https://www.whitehouse.gov/administration/eop/cwg/about (last visited July 2015). 27, WomenCouncil on and Girls (Mar. 11, 2009) (on file at https://www.whitehouse.gov/the-press- office/president-obama-announces-white-house-council-women-and-girls). president had formed the Whiteformedpresidentfor Women’s the Office Initiatives had House and Outreach (OWIO). AND THE 2001.state.gov/www/picw (last visited Oct. 3, 2015); office dealing with women’s issues in-house. Presidents Ford and and Ford issues in-house. Presidents office women’s dealing with Carter had created programs similar their during administrations. Seen As SplitSeen As from Clinton The OWIO staff scrutinized legislation and other proposals to assess TheOWIO legislation staffproposals scrutinized assess to and other the effect and maintained women on relationships with women’s groups share to and obtain information input. Thereafter, immediately prior to the United NationsWorld Fourth Women Beijing,Conference in on President Pres- the Clinton set up Womenident’s Interagency Council on 1995 in August with the goal toimplement fromthe ideas conference. ‘responsibility for the of is not advancement women the job any of one agency, them.’” it’s the job all of of Obamafurther that suggested areas progress in the of economic security, a balance between family,work and violence against wom- healthen, represents and women’s of measure “an important 03-30/news/0103300301_1_women-s-initiatives-meetings-with-senior-administration-white- Staff from the Offices of the President and the First Lady with thetheOffices with FirstStaffthefrom the President Lady of and hoc House: The Office InitiativesWomen’s of and Outreach (discussing the advocates how group had expressed concern about the dearth of women ap- pointeesto government positionsand “the inattention women’s to issues”). 45. M house-office. 37288-ckt_91-1 Sheet No. 96 Side B 12/28/2015 14:43:02 B 12/28/2015 96 Side Sheet No. 37288-ckt_91-1 37288-ckt_91-1 Sheet No. 97 Side A 12/28/2015 14:43:02 in 56 , 179 supra , Newly- ANN In 1997,In M 55 perceived 50 YERS WITHYERS 46 (2011). EAD L 54 AKE THE White House Council and Girls on Women ,T 1547–48 (Mary Zeiss al.Stange eds., et 1547–48 (Mary 2011). ANN M ORLD W ) 12/16/2015 8:47 PM at 134–36. at —with our constituents, with our mission, our our with constituents, —with AVID S ’ note 50, atnote 46. 50, D note 49. id. note 48, at 478. at 48, note Despite uncertaintiesits real impact about on ELETE D ODAY OHN 53 T supra J OT OT supra , N supra connect 51 O ANN note 46, at 16. Bush set up the Office of Strategic Initiatives the under (D M OMEN IN EXECUTIVEWOMEN’S ORDERS RIGHTSON ISSUES W YERS WITHYERS supra As Myers explained with respect to the withto original respect explained officeAs Myers M , 52 YERS WITHYERS ETSY ETSY INLAY Id. REUTHART FINAL 2016] 7T A later of case study the OWIO that concluded it operated more During the early days of the presidency of George W.During ofthe days theGeorge early of presidency the Bush, 56. Kathryn C. Oleson& Sianna Ziegler, 52. 53. M 54. Goldstein & Allen, 55. F 51. Norton Morris, & 50. B NCYCLOPEDIA OF NCYCLOPEDIA note 50, at 135. For insight into the effortssome of Bush administration officials to retain women’sissues as a priority,see elected President Obama received a letterelected received the PresidentfromObama leaders fifty of resuscitate groupsOWIO, not only women’s the pressing to him but itto by expand establishingnew cabinet-level a office on women. auspicesPublic the of Liaison the where OWIO had been housed.M effectively in its initial yearsit when physically located outsidewas Whitethe run House and was an autonomous, in collaborative, yet non-hierarchicalmannerfeminist more of indicative organizational a structure. Interestingly, earlier, years many the in 1977, to National delegates Women’s organized Conference and convened that pursuant was to President OrderCarter’s Executive rejected 11,979 had a proposal the powerbrokers inside the Beltway, the OWIO considered “was women’s important and strategically the many symbolically among it.” open that to groups Clinton had urged Directorthe of OWIO, thatthe indicated office“becameof a place Washington.” throughout refugefor appointees women the OWIO then became a part of the Executive a partOWIO Executive the theOffice of became then Presi- the of E gender-focused executive offices were abolished, which appeared to which abolished, officesgender-focused were executive be morekeeping the in priorities with his voter of base. site, “[o]ur location may have been ‘outside been gates’ thehave ofsite,“[o]ur may location power, but it became actually the true of source our power, which to the power was dent (EOP) within the confines of the Whitegeo-dent proper;this thethe (EOP) of House confines within graphicproximity arguably allowed forgreater access, the but resultingtrade-off OWIO’s the was being within exist- an subsumed ing EOP culture that was more structured, competitive, and rule- are organi- “characteristicsbound, identified by masculine which as theorists.”zational and each other.” with 37288-ckt_91-1 Sheet No. 97 Side A 12/28/2015 14:43:02 A 12/28/2015 97 Side Sheet No. 37288-ckt_91-1 37288-ckt_91-1 Sheet No. 97 Side B 12/28/2015 14:43:02 , , TH TH Its Its 294 El- 50 OSEN 61 60 (1963), R ROJECT [Vol 91:1 HE 3 (2015), P :T UTH MERICA A OMEN EPORT HEAD W APERS R A P (Mar. 12, 2009), HANGED (Apr. 1962), 18, C OMEN OMEN OVING W 63 MERICAN OLITICO ,M OOSEVELT With the Women at Houston: ,A USEUM ,P R ACK According to mediaone B OVEMENT .&M OMEN M TATUS OF 57 S W S IBR ’ LEANOR L Interview with Mrs. Eleanor Roosevelt on OOKING Pursuant to its mandate, thePursuant mandate,to its ,E OMEN :L 62 W TATUS OF 625 (Dec. 1977), 10, There precedentsome forwas this ARRELL OMEN S RESIDENTIAL W 59 P O’F ODERN M ATION ) 12/16/2015 8:47 PM OMMISSION ON THE C ,N RIGID S ’ ENNEDY ENNEDY MERICAN MERICAN ELETE A D CHICAGO-KENT LAW REVIEW N ON THE ’ OW THE ., F. K OT OT N :H NIV note 625. at 57, OMM O Some Women Wantedfrom W.H.Some Women More OHN U RESIDENT C (D P PEN ,J S O ’ upra 58 As NationalPolitics PLIT S ASHINGTON [sic] RESIDENT W REUTHART FINAL ORLD 180 7T Otherform urgedObama advocates to a blue-ribbon Presiden- W 61.sound A recording exists of between an interview Eleanor Roosevelt and President 57. Exec. Order No. 11979—National Commission on the Observance of International 60. Exec. Order No. 10980—Establishing the President’s Commission on the Status of 58. Komisar, s 62. 3 C.F.R.63. §§ 138-39. P 59. Gerstein, Josh EORGE NNIVERSARY OF NNIVERSARY THE HE representativeattended who the conference, “[s]omefeminists thought isolate or it would women co-opt the them into political es- bu- as more hated it opposed tablishment, conservatives the and reaucracy.” Women’sYear, 1975, 3 C.F.R. § 110 (1977); Lucy Komisar, Feminisim http://www.politico.com/story/2009/03/some-women-wanted-more-from-wh-019936. itsKennedy PCSW on the goals. and the of origins Womenthe Status of particular course of action. President had John F. Kennedy issued Executive Orderon December 10,980 14, established 1961, which the President’s Commission on the StatusWomen of (PCSW). http://www.thekomisarscoop.com/1977/12/with-the-women-at-houston-feminism-as-nationalpolitics.conferencethe After President ended, issued Carter Executive Order 12050 titledEs- tablishing a National AdvisoryWomen. Committee (1978).for He alsoforward- § 171 3 C.F.R. ed policy recommendationstothat never acted Congress were given upon, the atmosphere of “cultural and political gridlock” by the generated Right New in the late 1970s. R PCSW its report issued on October 11, which 1963, havewould been Eleanor seventy-ninth Roosevelt’s birthday. tial Commission on Women.tial Commission on http://www.jfklibrary.org/Asset-Viewer/Archives/JFKWHA-085-005.aspx. A for department cabinet-level a women. of http://babel.hathitrust.org/cgi/pt?id=mdp.39015016913678. Eleanor Roosevelt died on No- vember Vice-ChairEsther 1962, 7, and Peterson assumed responsibility for overseeing com- pletion of the PCSW’s work. B G T Women, C.F.R. § 138 (Supp. 3 1961). assignment quiteThe was broad: to expected PCSW “review was for as needed recommendations constructive progressmake and action” on a myriad of such as labor topics employment and policies and practices, social insurance laws, and tax differential legal treatment in the of areas and civil political rights,special services for in their motherswomen wives, roles and workers including as education,childcare. counseling and (2006). eanor Roosevelt agreed to serve as the PCSW’s “Chairman.” as the PCSW’s toeanor agreed serve Roosevelt 37288-ckt_91-1 Sheet No. 97 Side B 12/28/2015 14:43:02 B 12/28/2015 97 Side Sheet No. 37288-ckt_91-1 37288-ckt_91-1 Sheet No. 98 Side A 12/28/2015 14:43:02 : 181 mea IMES (July 29, Should Wom- IMES , N.Y. T T While some , (Mar. 11, 2009), EN 64 , N.Y. &M (Oct. 2009), 4, EAST B OYS OYS B AILY AILY EAST The Girls Obama Forgot: Kimberlé Forgot: Kimberlé Obama The Girls ,D B note 42. OUNCIL ON C AILY AILY supra 69 , OUSE H , https://www.whitehouse.gov/my-brothers-keeper ,D For example, authoreducatorand Dr. HITE HITE OUSE W H 66 ) 12/16/2015 8:47 PM Obama’s CouncilObama’s Women and Girls on This type of counter-advocacy may have may oftype This counter-advocacy HITE ELETE REATE 67 D C ,W OT OT N Is Valerie Jarrett Anti-Woman? O (D Perhaps predictably, Brother’s My then Keeper was 68 , Lisa Belkin, Belkin, , Lisa , Kimberlé Williams Kimberlé, Opinion, Crenshaw, EXECUTIVEWOMEN’S ORDERS RIGHTSON ISSUES OALITION TO ,C (Mar. 11, 2009), My Brother’s Keeper About the Council on Women and Girls CouncilAbout the on See, e.g. About See, e.g. REUTHART FINAL 2016] 7T Resistance to the CWG’s formationResistancethefrom to CWG’s also surfaced those Despite the voices various clamoringfor President Obama to suggesting that she had erred earlier and that opponents of Jarrett’sselection had been 65 68. 64. 65. Amy Siskind, 69. 66. 67. OTHERLODE self. activists questionedselection the of Jarrett this to effort lead to due rights, in advancing others women’s her lack direct of experience seemed her- willing—at togivefirst—to her least at prove a chance Williams Crenshaw:My Brother’s Keeper IgnoresBlack YoungWomen who tookwho to exception its pointed genderfocus, appeared which to in—or could share be affected an interest who omitmen and boys the workby—the of CWG. create a different to structure stress the of importance is- women’s Marchto launch the appoint- 2009, CWG in chose instead sues, he ing Senior Adviser and Assistant toPresident the for Intergovernmental Affairs and Public Engagement Valerie Jarrett as the ChairTchen and Tina Director. the as Executive http://whitehouseboysmen.org/blog/about (last visitedAug. 2015). 30, http://www.thedailybeast.com/articles/2009/03/11/is-valerie-jarrett-anti-woman.html the (where http://www.dol.gov/wb/PCSW-03-30-2015.pdf (containing an excellent history of the context and contributionsemployment a concentration with PCSW’sissues). work of and on labor derided forderided forfocus, its as solely-male as well targeted its outreach to foundationsprivate for subsidies. http://parenting.blogs.nytimes.com/2009/03/11/obamas-council-on-women-and-girls. M http://www.thedailybeast.com/articles/2009/10/04/should-women-back-palin-in-2012.html. (last visitedAug. 2015). 27, author urges feministsto “stand Valerie with Jarrett. Let’s unitefocus and on women’s issues that unite us rather than divide us”). Just a little over six months later, Siskind issued a culpa correct, evidenced as in part by Jarrett’s takingimmediate an leave from her post lobby to for Chicago’sselectionthe for site as host the 2016 Olympic games.AmySiskind, en BackPalin 2012? in Warren Farrell gathered support from thirty-four prominent repre- who sectors from and health sentatives academic, business, the urged PresidentObamatoWhite set House Coun- up a comparable and Boys. cil on Men provided partprovided of theforWhite impetus the establishment the of Brother’sHouse’s My Keeper devised initiative in 2014, was which and young boys by gapsfaced persistent“to opportunity address men color.” of 37288-ckt_91-1 Sheet No. 98 Side A 12/28/2015 14:43:02 A 12/28/2015 98 Side Sheet No. 37288-ckt_91-1 37288-ckt_91-1 Sheet No. 98 Side B 12/28/2015 14:43:02 The (2014), [Vol 91:1 FFICE OF 71 XPANDING XPANDING OCIAL AND OUNCIL ON E .O S C 73 XEC (Aug. 14, 2014), E Recognizing OUSE H 72 ORBES HITE AND THE NDICATORS OF ,F . HALLENGES AND :I of W C ., Collectively, this infor- (June 18,(June 2014), DMIN Surprising White House Execu- ‘Black Women, LikeBlack Men, A 70 ECH MERICA A ATION .&T ,N CI DDRESSING TATISTICS .S :A FF OMEN IN .&S :O ,W OLOR Executive Summary C CON was assembled from materials collated collated from assembled materials was OUSE WomenIndicatorsAmerica: in of Eco- ,E H UDGET ) 12/16/2015 8:47 PM HITE IRLS OF .&B G ELETE ,W D CHICAGO-KENT LAW REVIEW OMMERCE GMT C OT OT M N The firstThe Task report Force issued three was O (2011), T OF ’ (D 74 OMEN AND EP EING FFICE OF ,W -B ,O U.S. D ELL IRLS W Id. See STEM Women in See REUTHART FINAL &G 182 7T Possibly the CWG’smost highWhite profile endeavor, the Since itsSince inception, CWG the collaboration and promoted has RESIDENT P 73. Valerie Jarett & Christina Tchen, 71. 72. 74. Memorandum Establishing Whitea House Task Force to Protect Students from Sex- 70. OMEN PPORTUNITY CONOMIC http://www.thenation.com/article/black-women-black-men-scar-conversation-my-brothers- CWGtogetherOffice also worked and Technol- the with of Science togirlsogy get Policy and involved more in science, directly women technology,mathematics engineering, (STEM). and House Task Force toHouse Task Protectfrom Force Assault, es- Students Sexual was tablished pursuantpresidential to a directive 2014 and in January placed jointly under the auspices of the CWG and the Office the of Vice President. https://www.whitehouse.gov/administration/eop/ostp/women (last visitedAug. 2015). 27, THE https://www.whitehouse.gov/sites/default/files/rss_viewer/Women_in_America.pdf. nomicSocial Well-Being and a myriad offederalby statistical agencies. served as a clearinghouse for a number of projects. To support the the supportTofor projects. numberclearinghouse of a as a served CWG’sreport work, a titled W O 2014), http://www.nytimes.com/2014/07/30/opinion/Kimberl-Williams-Crenshaw-My-Brothers- E https://www.whitehouse.gov/sites/default/files/docs/cwg_women_and_girls_of_color_report_1 12014.pdf. ual Assault, 4383 (Jan. 2014). Reg. 27, 79 Fed. http://www.forbes.com/sites/howardhusock/2014/08/14/surprising-critics-of-white-house- mation a baseline provided are on “how faringwomen the in United States and how these today trends changed over time.” have the intersectionality race, between ethnicity, and gender,CWG the releasedbarriers a report 2014 about the obsta- November in and cles thatfor and girls exist of women color;report the by concluded announcingformation the of a workinggroup disparities to explore in health. education, and security, economic as sectors such keeper-heats. Keeper-Ignores-Young-Black-Women.html; Husock, Howard executive-action-on-philanthropy-the-brothers-keeper-controversyWhite (lamentingthe House Scar’: Conversation Keeper Brother’s Heats on My Up approach to funding Brother’s My Keeper, which risks “undermining the traditional independ- ence and creativity of private philanthropy”); Dani McClain, tiveAction Critics:The Brother’s Keeper Philanthropy Controversy 37288-ckt_91-1 Sheet No. 98 Side B 12/28/2015 14:43:02 B 12/28/2015 98 Side Sheet No. 37288-ckt_91-1 37288-ckt_91-1 Sheet No. 99 Side A 12/28/2015 14:43:02 , CT OT 183 A ,N (Feb. 7, (Feb. 7, Eradi- LEARY LEARY 80 C SSAULT IMES A T EANNE Press Release, U.S. , N.Y. EXUAL ,J But the ongoing S See 81 . (Apr. 30, 2014, 6:07 PM), M (May 6, 2014), A 79 (July 2013), 2, TUDENTS FROM S OST P ATTERS FOR HECK M White House Flunks a Test on Sexual Assault C ROTECT P EDIA UFFINGTON M , ,H ) 12/16/2015 8:47 PM ORCE TO F Confusion About College Sexual Assault ELETE AdvocatesRespondWhite to College House Sexual on Report EALITY D ConservativeMedia Jump on Sexual Assault Truther Bandwag- Group PushesGroup Department Education to of Tougher on Col- Get ASK T OT OT s.com/2015/02/08/opinion/sunday/confusion-about-college-sexual- Civil libertarians concern expressed about the N note 79. note note 76. O Editorial, Editorial, 77 (D OUSE Variousreportaspects generated the of immediate H Conservative commentators questioned commentatorsConservative the accuracy supra 75 , supra EXECUTIVEWOMEN’S ORDERS RIGHTSON ISSUES , Matt Kaiser & Justin Dillon, Dillon, Justin & Kaiser , Matt see also Campus The Sexual Violence Elimination Act 76 HITE see also W Tyler Kingkade, Angus Johnston, Grassroots activists had consistently lobbied forgreater lobbied Grassroots consistently activists had ViolenceWomen Against Reauthorization Act ofPub. 2013, L. No. 113-4, § 304, See See See See, e.g. REUTHART FINAL . J. 5, (May 2014), 78 T ,RHR (2014), https://www.notalone.gov/assets/report.pdf. See 2016] 7T There is general among stakeholders agreement about various S ., http://www.cleryact.info/campus-save-act.html (last visited Aug. 29, 2015). In May 2014, 79. 75. 76. 78. 77. Boguhn, Alexandrea 80. Kingkade 81. Johnston, ALL LONE NFO leges Mishandling Sexual Misconduct transparency regardingtransparency disclosurethe of the of names colleges and universities thatTitle had violated IXwith standards specifics about non-compliance; they were disappointed thatheightened this degree report. not the mandatedrevelation by of was http://mediamatters.org/research/2014/04/30/conservative-media-jump-on-sexual-assault- truth/199098; http://rhrealitycheck.org/article/2014/05/06/advocates-respond-white-house-report-college- controversy. http://www.wsj.com/articles/SB10001424052702304831304579541970401038080. http://www.huffingtonpost.com/2013/07/02/colleges-sexual-misconduct-department-of- the factthethatthereinterests oftentimes is a divergence between of institutions higher of survivors. learning assault and sexual I A months later. of the report’s statistic that one in five college women is subjectedto “fraudulent” assault this and characterized as sexual number high and “ridiculous.” lack as- protections offorthose process sexual of accused due sault. 2015), http://www.nytime 2015), assault.html (suggestingthat claims of underreporting activists by claims and of over-reporting by skeptics indicatethatclarity greater and better statistical information is needed). Assault W cating assaultcollege on sexual campuses, using albeit by different goal. tactics, common remains the strategies and 127 Stat. 54, 89; education_n_3531257.html.SaVE Act, The its with increased collection data requirements and adoption of specific around sexual protocols assault incidents college on campuses, was passed by Congress inpart 2013 as of the ViolenceWomen Against Reauthorization Act of 2013. the Department of Education did release a list higher of education institutions under investigation for Title sexual IX violations,although little detail provided. was on, Cry Foul on White House Report sexual-assault. Dep’t of Educ., U.S. Departmentof Education Releases List of Education Higher Institutions Open Titlewith Violence Sexual IX Investigations 1, (May 2014), http://www.ed.gov/news/press-releases/us-department-education-releases-list-higher- education-institutions-open-title-ix-sexual-violence-investigations. 37288-ckt_91-1 Sheet No. 99 Side A 12/28/2015 14:43:02 A 12/28/2015 99 Side Sheet No. 37288-ckt_91-1 37288-ckt_91-1 Sheet No. 99 Side B 12/28/2015 14:43:02 83 supra , [Vol 91:1 It’s On It’s SSAULT A Let’s Move! Let’s , which sug- , which EXUAL S It’s on Us to Go Beyond Not Alone note 42. note , TUDENTS FROM supra S , IRLS Notably, the firstNotably, the the item on &G 86 ROTECT While differentfocusing aspects on P OMEN 84 W ) 12/16/2015 8:47 PM , https://www.whitehouse.gov/1is2many (last visited Aug. ORCE TO F Simultaneously the with April release the of ELETE OUSE D CHICAGO-KENT LAW REVIEW OUNCIL ON 82 H ASK T OT OT :C N (Sept. 22, 2014), http://feministing.com/2014/09/22/its-on-us-to-go- O HITE (D OUSE OUSE ,W H H HITE HITE EMINISTING W W F ’ However, a quick review of and in- photos, programs, quick review the However, a , SeeWomen and Girls About the Council on I Is 2 Many 2 I Is See See REUTHART FINAL 85 184 7T To showcase all of CWG maintains an active the To endeavors, its showcase campaign with thecampaignrelease of with a brief providing close-upvideo 86. 83. 84. PressWhite Release, House, Fact Sheet: Launch of the “It’s On Us” Public Aware- 82. 85. initiative, is gearedwhich toward reducing by childhood obesity promoting activ- better physical good health, enhanced nutrition, and https://www.whitehouse.gov/administration/eop/cwg (last visitedAug. 27, 2015). Task Force report, the vice president’s office issued a public service a public service president’s issued the vice office report,Task Force Many,” by- tagline stressed the is 2 announcement “1 that used standerfeatured intervention, maleand celebrities. commentary by note at 75, 2. 27, 2015). ness CampaigntoPrevent Help Campus AssaultSexual https://www.whitehouse.gov/the-press-office/2014/09/19/fact-sheet-launch-it-s-us-public- (Sept. 19,2014), CWG Resources page is First Lady Michelle Obama’s of the problem, the multiple Whiteofmultiple problem, the the House-linkedthe campaigns have potential about not sponsorship only to but cause confusion overall intent. thatwebsite regularly is updated linkswith to projects its and other news. beyond-its-on-us. Finally, in September 2014, the WhiteFinally, in September launched the the 2014, House efforts of the Whiteeffortsthe of House,including the CWG,to address sexual assault—although well-intentioned—quickly became somewhat dif- forthoseto on supportthe was subjected gested abuse emphasis and the for necessity use ofthe a collaborative approach to address the matter effectively. Us shots identifiable of asks its actorsaudience that actresses and get to sexual involved personally stop to signpledge a tomembers assault on college campuses. formationhighlighted thatthe reveals the website CWG’s content on female-focused.is not exclusively fuse.TheTask initial titled report Force was awareness-campaign-help-prevent-campus-.One feminist critiquedblogger the “It’s On Us” campaignfor ignoring systemic the causes of sexual violence focusing and on a instead “strategy to avoid violence,meaningfully not reduce it.” Dana Bolger, ‘It’s On Us 37288-ckt_91-1 Sheet No. 99 Side B 12/28/2015 14:43:02 B 12/28/2015 99 Side Sheet No. 37288-ckt_91-1 37288-ckt_91-1 Sheet No. 100 Side A 12/28/2015 14:43:02 & 185 The More OMEN LAN ON 88 W P 90 CTION A 89 OUNCIL ON :C UnitedStates Na- ATIONAL N OUSE H TATES HITE S ,W NITED ,U Women in PeaceWomenSecurity in and Through United OUSE H HITE ) 12/16/2015 8:47 PM This serves to serves This reinforcenotionthe that it is ELETE (2011), https://www.whitehouse.gov/sites/default/files/email- D 87 OT OT 12 (GeorgeWashington Univ. Inst. for Glob. & Int’lWork- Studies, N O Barbara Milleral., et (D ECURITY note 88, at 88, 1. note S EXECUTIVEWOMEN’S ORDERS RIGHTSON ISSUES AND , supra Exec. 13595—Instituting Order No. Women,PlanPeace, a National Action on EACE See generally See See CouncilWomen and Girls on Resources REUTHART FINAL ,P 2016] 7T Executive Order 13,595 Along other several with countries, the U.S. had been dilatory in In CWG sum, an executivethe establishing order via allowed Pursuant to OrderPresident Obama’s Executive 13,595 issued , https://www.whitehouse.gov/administration/eop/cwg/resources (last visited Aug. 27, 89. NAP, 90. 88. 87. OMEN IRLS files/US_National_Action_Plan_on_Women_Peace_and_Security.pdf [hereinafter NAP]. ing Paper No. IGIS WPWP 2014), 09, ing 13/GGP Paper IGIS No. http://www.gwu.edu/~igis/assets/docs/working_papers/igis_wp13_ggp_wp09.pdf. NationsSecurity Resolution Literature 1325: Review, Content Analysis National of Action Plans, and Implementation respondingto the international community’s requestformulate to the forth oftype Order NAP ultimately set in Executive 13,595. 2015). thana decade earlier, U.N. the Security Council adopted Resolution required1325, which statesto adopt an NAP, toincrease women’s participation in peacebuilding and political take to institutions, and and Security,W C.F.R.§321 (2011); 3 W ity fority girls boys. and NAP sets forthNAP setsthe governmentfollow the plans to “to approach U.S. accelerate, institutionalize, and better coordinate our efforts to ad- inclusionvance women’s in peace negotiations, peacebuilding ac- fromtivities, and conflictto and protect women prevention; sexual relief re- to and and togender-based equal access violence; ensure insecurity.” and conflict of areas assistance, in covery G sometimes difficult to define issues and concerns as gender as specific. concerns issues and sometimes define to difficult PresidentObama to immediatecut demonstrate clear a and com- arguably boththat sub- was girls,gesture a mitment and to women a clear evidenced issues,Onstantive he women’s symbolic. and divide his with RepublicanW. predecessorGeorge had Bush who dismantledOWIO Clinton. Bill the by up set Throughout his presi- has demonstrated he dency, his intentfor as a the CWGto serve initiatives Assaulttherepositoryfor Sexual such as policy broader promote ofto women’s the CWGThe Task Force. effectiveness question. rights, remains an open however, tional Action Plan on Women, Peace, and Security (NAP). in December 2011,White the House released the 37288-ckt_91-1 Sheet No. 100 Side A 12/28/2015 14:43:02 A 12/28/2015 100 Side Sheet No. 37288-ckt_91-1 37288-ckt_91-1 Sheet No. 100 Side B 12/28/2015 14:43:02 , & In In UND 91 ,Gina ,Gina EACE , Global [Vol 91:1 P .F DUC 25, 55 25, 55 (2013) U.S. SCR 1325 , See, e.g. EAGUE FOR EAGUE EACE L What Is U.N. Security Security Is U.N. What P L , ’ Corinne L.Corinne Mason OF ORMATIONS NT . I F . 83 (2012). S ,WANDE ’ TATEMENT ON TATEMENT NST I RAC but see ,S See, e.g. .P OMEN EMINIST ,U.S. TS ,F ECTION .R note 91; UM H In addition, congressional action note 91; W ,U.S.S supra , 93 ,4J. supra UND , REEDOM .F 1 (2011), ) 12/16/2015 8:47 PM &F EACE DUC P ELETE OF OF D CHICAGO-KENT LAW REVIEW EACE . P OT OT N NST EVELOPMENT O D (D LAN ,U.S.I P note 91; WAND E EAGUE FOR U.N. Security Council Resolution 1325 L 94 L ’ Naming and Shaming: and Naming Rights Human Accountability in Security Council Resolution CTION supra NT I A , See, e.g. REUTHART FINAL 92 S ’ 186 7T In the United States, various non-profit groups had been work- the non-profitIn United various had groups States, Expressing the sense of House of the Representatives the that United States should take action to meet its obligations, and to ensure that all other member states of theUnited Nations meet their obligations, to women as agreed to in United Nations Securi- Councilty Resolution 1325 relating to women, peace, and security, and the United States should fully assume the implementation of international law relating to human rights that protects rights the of women and girls during and after conflicts, and for other purposes. 93. 91. S.C. Res. 1325 (Oct. 31,Subsequent 2000). to its promulgation,U.N. Women pro- 92. S.C. Res. 1820 (June 19, 2008) (stating thatsexual violence during armedconflict is OMEN ATIONAL REEDOM CouncilSoIsWhy Critical It Today? Resolution 1325 and vided guidance to about comply how 1325’s with mandates. ing to memorialize a 1325 NAP. http://www.peacewomen.org/sites/default/files/wilpf_u.s._statement_on_u.s._scr_1325_nap- 9_11_11.pdf; http://www.usip.org/gender_peacebuilding/about_UNSCR_1325 (last visitedAug. 2015); 27, W special measuresspecial to girls and from protect women other and sexual formsgender-based in situationsviolence of ofarmed conflict. (demonstrating the possible negative implications of linking the eradication oflinking violence against of implications negative possible the (demonstrating women tosecurity nationalconcerns). 94. H.R. Res. 146, 110th Cong. (2007). http://www.wand.org/our-work/women-and-security/u-n-security-council-resolution-1325 (last Violence Against Women as a National Security “Emergency” Security a National as Women Against Violence F the subsequent decade, the U.N.the Security decade, four subsequent adopted Council additional resolutions linkedto peace, women, and security concerns. N called on the U.S. to meet its obligations Security under Council Resolution 1325.example, Forin 2007, Representative Eddie Ber- nice Johnson (D-TX-30) introduced 146, House Resolution which stated: compliance with Resolution 1325); S.C. Res. 1960 (Dec. (reiterating 16, 2010) the previous commitments of earlier resolutions and calls for greater accountability of perpetrators of sexual and gender-based violence). Some feministcommentators have criticized the so-called “naming and shaming” provisionscontained in paragraph 3 of Resolution 1960. Heathcote, Security 1960 (2010) on Women,Peace and visited Aug. 27, 2015). crimea war calls and training forof troops and disciplinarymeasures); S.C. Res. 1888 (Sept. 30, 2009) (mandating thatmissions peacekeeping protect women and children from sexual violence and requests the appointment of a special representative on sexual violence during armed conflict);S.C. Res. 1889 (Oct. 5, 2009) (stressing compliance with international law regarding civiliansconflict, in armed reaffirming strengthening women’s involvement in peace processes and political participation, and requiring developmentof progress indicators for 37288-ckt_91-1 Sheet No. 100 Side B 12/28/2015 14:43:02 B 12/28/2015 100 Side Sheet No. 37288-ckt_91-1 37288-ckt_91-1 Sheet No. 101 Side A 12/28/2015 14:43:02 EW 187 BOUT ,P ,A Only a few few a Only 100 98 AlthoughObama has con- 99 However, Representative Dana Obama AddressesObama Popular U.N More (Sept. 2009), 21, 95 , 110th Cong. (2008). RENDS ) 12/24/2015 7:18 PM &T , ELETE Rohrabacher’s statement highlights the per- D 96 OT OT N TTITUDES O CEDAW:WhatPresident is Position Obama’s CEDAW? on OLLECTION , (D .A C LOB EXECUTIVEWOMEN’S ORDERS RIGHTS ON ISSUES 97 SSUES I REATY REATY S .: G ’ T TR at 4. C Id. U.N.Security Council Resolution1325: Recognizing Women’s Vital RolesAchiev- in Id. Id. OMEN Statusthe of Elimination Conventionthe on All ofForms of Discrimination Against REUTHART FINAL ,U.N. 2016] 7T A similar problem had arisen the over involving years interna- During 2008 congressional hearings on this hearingstestimony subject,During on congressional 2008 Thefavorable treatment of international instruments dealing :W 99. 95. 96. 97.Wike RichardJacob & Poushter, 98. 100. Linda Lowen, EWS ESEARCH https://treaties.un.org/pages/viewdetails.aspx?src=treaty&mtdsg_no=iv- 8&chapter=4&lang=en (last visited June 2015). 18, Rohrabacher (R-CA-46)opposition expressed fulfillingto the re- quirementscompliance on the of “could that concern 1325 based toturnso called in- group of U.S. an unelectedpolicy domestic over experts.” ternational http://www.pewglobal.org/2009/09/21/obama-addresses-more-popular-un (explaining that only ceived infringementceived sovereigntyon national ifU.S. the to were throw in its lot other with U.N. member also indicative of Itnations. a is prevalent anti-U.N.majoritysentiment Americans of during a among this time period,would have which likely reflected been in pushback congressionalby lawmakers proposed initiative on any originating with the U.N. tional organizations that services provide in areas that affect women was provided fromwas differing mostperspectives with participants un- derscoringthe importance of all phases of including the in women securitypeace and process. ing Peace and Security: Hearing Before the Subcomm. on Int’l Orgs., Rights, Human & Over- sight of theAffairs on Foreign Comm. H. N R http://womensissues.about.com/od/internationalwomensrights/a/CEDAWObama.htm (last visited Sept. 13, 2015). sistently registeredCEDAW,for ratification the support there is a of sense that his administration hesitant has been to push the issue, Senate. in defeat risk to an unwillingness to perhaps due 48% of Americans in 2007 held a favorable view of the U.N. compared with 77% of Americans in 2001). Women with rights women’s been rather had dismal in the U.S. Congress. notably, CEDAW neverMost ratifiedwas the Senate by the after Carter administration signed the document in 1980. countries, includingUnited the States, Iran, Somalia, Sudan, Palau, and Tonga, failed to have ratify CEDAW, is sometimes re- which ferred Convention.” to“Women’s as the 37288-ckt_91-1 Sheet No. 101 Side A 12/28/2015 14:43:02 A 12/28/2015 101 Side Sheet No. 37288-ckt_91-1 37288-ckt_91-1 Sheet No. 101 Side B 12/28/2015 14:43:02 & EWS ATIONS N [Vol 91:1 N Senator 7–9 (2005), NITED ,U.S. 104 (Apr. 15, 2012), (Apr. 2012), 15, U ORLD W EW OLITICO ,P OMEN OF THE The effect combined of ., R41257, A N W 105 103 ERV S Even thoughEven funding UNFPA was , Women,, Peace, and Security Act of 2015, S. 17–18 (2010). ESEARCH 102 RIENDS OF THE 106 F .R Democrats’ Democrats’ Strategy on Women’ ‘War StillWorks. For See, e.g. ) 12/16/2015 8:47 PM ONG ILLION ONGRESS ,C C ELETE Foul Play: War Women on is Real D CHICAGO-KENT LAW REVIEW ,34M OT OT N (June 4, 2014), (June http://www.washingtonpost.com/blogs/she-the- O (D In 1985, Congress the Kemp-Kasten passed LANCHFIELD OBERTS SSUES FOR B R :I OST 101 UISA ANE .P Barbara Boxer, Nia-Malika Henderson, L J OMEN . (Apr. http://www.usnews.com/debate-club/is-there-a-republican-war- 10, 2012), W ASH EP See See See See REUTHART FINAL R 188 7T Some commentators suggested that GOP legislators had de- Given these realities, theseGiven through NAP the the of adoption presiden- Reproductive HealthProve Laws on Women’ GOP ‘War Is No Fiction ,W 102.99-88,Pub. L. 99 Stat. 1985, 323. Aug. 15, 293, Act of No. 101. 105. 106. Despitethe seemingly dim prospects for success,some form legislation of dealing 103. 104. ORLD NTITY FOR NTITY Barbara Boxer accused her Republican counterparts Barbara of accused Boxer repeatedly opposing equity, bills concerningpay healthcare, women’s gender discrimination, and domestic violence. clared on a “war in thewomen” domestic realm as well. E and girls.and For example, debates about the allocation offundsto support the U.N. Fund (UNFPA) Population were continually contentious, though even organization the does not focus women on exclusively. on-women/reproductive-health-laws-prove-gop-war-on-women-is-no-fiction. not used fornot used prohibitedactivities, Republican every administration thereafterfinanciallyto subsidizeUNFPA, led to refused a which milliongrassrootsreplacemovement of in 2002 to $34 escrowed private funding donations.taxpayer with Amendment requiring taxpayer funding to be withheld from enti- any supporting to operating presidentthatty determines the be overseas or participating in “the management of of a program abor- coercive tion or sterilization.” involuntary W people/wp/2014/06/04/democrats-war-on-women-strategy-still-works-for-now; Zerlina Max- tial directive route suggests Obama’s willingness to respond to the international community withoutforcing a legislative showdown. A feminists questionedfew publicly potential conse- negative have the http://www.politico.com/news/stories/0412/75143.html. with the NAP introduced was in one or both Houses of Congress during several legislative sessions, including the current one. 224, 114th Cong.Women, (2015); Peace, Security and Act of S. 2014, 1942, 113th Cong. Women,(2014); Peace, and Security Act 2013, of H.R. 2874, 113th Cong.Women, (2013); Peace,Security and Act ofS. 2012, 3477, 112th Cong.Women, (2012); Peace, Security and Act 2012, H.R. of 6255, (2012). Cong. 112th GOPto antagonism U.N. initiatives—regardless of the mat- subject rightster—and and do- women’s to internationally proposals, both mestically, suggested negative a fatefor NAP if it forced were to path. congressional navigate a http://www.34millionfriends.org/media/34milwnm.pdf. Now. well, well, 37288-ckt_91-1 Sheet No. 101 Side B 12/28/2015 14:43:02 B 12/28/2015 101 Side Sheet No. 37288-ckt_91-1 37288-ckt_91-1 Sheet No. 102 Side A 12/28/2015 14:43:02 189 LOBE Sev- G 110 108 . ., RL34438, (2008). ERV S ROUND THE A Preventing and Preventing and This order also SSUES I 109 OVERTY OVERTY ESEARCH OLICY OLICY P P .R ONG A clear consensus emerged ., C VERCOMING ESPONSE AND :O WomenWorldwide Thrive part- 112 ISH F 114 :U.S.R ) 12/24/2015 7:18 PM OMEN OMAN TO LANCHFIELD ET AL W W B ELETE D OT OT UISA GAINST N In 2005, staffInWom- 2005, at the non-profit organization L EACH A A O note 93,note 55. at As a result, it is somewhat difficult to categorize this this categorize to difficult somewhat is it result, a As (D ,T 111 107 EXECUTIVEWOMEN’S ORDERS RIGHTS ON ISSUES supra IOLENCE HARMA V S 113 ITU Id. Id. See generally REUTHART FINAL 2016] 7T Executive Order 13,623 Several years earlier, years rightsSeveral U.S. women’s in the advocates Although U.S. the government funded and had sponsored inter- A mere eightmonthsafter signing Executive Order 13,595, 113. 114. 112. 108. Exec. Order No. 13623—Preventing and Responding to Violence AgainstWomen 109. InternationalViolenceWomen Against Act S. of 2007, 2279, 110th (2007). Cong. 110. Consolidated Appropriations2012,Act, Pub. Stat. L. No. 112-74, 125 1248. 786, 111. R NTERNATIONAL 162 (2014). I 107. Mason, quencesconnecting of women’s human rights to global issues secu- concerns.rity eral Order Executive in provisions floating 13,623 been had around Congressfor morefiveform than in the years theInter- proposed of nationalWomen Violence Against Act (I-VAWA). made a conscious decision to tackle the globaltackle to problem the violence decision of made a conscious against women. en Thrive Worldwideen Thrive engaged in a global interviewing process with representatives from grassroots organizations, survivors of abuse, and experts to input initiatives obtain on what actually work in reducing violence against role women and what should be played by the U.S.in these anti-violence efforts. national projects against combat to its violence women, efforts were scattered and difficulttrack. to specifically referencesspecifically United the States to Strategy Prevent and Respond to Gender-Based Violence Globally (“U.S. Strategy”) that included in anwas year. from appropriations previous the bill particular order executive unequivocal as an advancement of women’s rights. perceivedThe that it is sense as a most have advocates step.positive President Obama again ventured into the area of international wom- Order en’s rights titled 13,623 issuing Executive by Responding to Violence WomenAgainst GloballyGirls and thatthe United leadership should—exercise on States could—and this issue. and Girls Globally, 3(2012). C.F.R. § 296 37288-ckt_91-1 Sheet No. 102 Side A 12/28/2015 14:43:02 A 12/28/2015 102 Side Sheet No. 37288-ckt_91-1 37288-ckt_91-1 Sheet No. 102 Side B 12/28/2015 14:43:02 , , , L Y ’ ’ US 118 117 . NT OL I .P [Vol 91:1 OC S at 111–13. at , 36 B.U. GOVTRACK , LOBAL see id. , 11 G 120 The the was result International “No Woman,“No No Cry”—EndingWar the on 115 116 Unfortunately, not as I-VAWAwas well- ) 12/16/2015 8:47 PM 119 ELETE . 504–05 (2000). 499, D CHICAGO-KENT LAW REVIEW note 116. note EV Mary PatMary Treuthart, OT OT “No Civilized System of Justice”: of Violence The Fate the against N 20 Years of Change: Joe Biden on the Violence Against Women Act O CivilSociety Advocacythe Diffusion and Violence of Against Women .L.R note 111, 168–69.note at supra (D A see also supra , Joe Biden, S. 2279, , https://www.govtrack.us/congress/bills/110/s2279 (last visited Oct. 4, 2015); , 102 W. , 102 V US . Sally F. Goldfarb, Goldfarb, F. Sally See See See S. 2279 (110th) International ViolenceAgainstWomen Act of 2007 REUTHART FINAL HARMA 190 7T After attracting bipartisan significant support,I-VAWA bet- was Joe Biden,the Democratic Senatorfrom Delaware who was . (Sept. 2014), 10, http://time.com/3319325/joe-biden-violence-against-women/. 119. 117. 118 115. Noha Shawki, 120. 116. InternationalWomenViolence 110thS. 2279, 2007, Cong. Against Act of (2007). IME Women Act T Women Worldwide and the International Violence AgainstWomen Act (I-VAWA) Violence Against Women AgainstViolence Act (I-VAWA), proposedfund to an- which to bordersti-violence and programsselected countries across in globalcreate leadership of position a women’s under the auspices theState. U.S. Department of H.R. 5927 (110th): International Violence AgainstWomen Act of 2008 175, 180 (2011); terforduring positioned success go-around in the its 111th second subsequently tappedsubsequently to be BarackObama’s running mate vice as president,I-VAWA it introduced when co-sponsored in 2007. was GOVTRACK L.J. 73, 103 (2015). Although sourced and presented differently,somethe of information in this discussedExecutive was sectionmy on Order 13623 article. earlier in He had been the primary sponsor of the 1994 Violence Against 1994 the the sponsor of primary He had been Women Act (VAWA) that financial provided support: (1) to enhance enforcementlaw in cases of domestic response rape and violence; (2) to services essential those toto (3) subjected abuse; expand and to establish a repository for data-tracking and statistics-gathering. Biden has characterized the “my passage of proudest VAWA as leg- accomplishment.”islative nered with othernered with organizations International including and Amnesty WithoutFutures a toto Violence to U.S. lawmakers commit convince longer-term, against strategy to concrete end violence inter- women bynationally enacting legislation. Norms:Analysis An International the of ViolenceAgainstWomen Act https://www.govtrack.us/congress/bills/110/hr5927 (last visited 2015). Oct. 4, received in either in received the House or the Senate its during initial foray into Congress. the 110th arena the legislative during Proponents identifiedfollowing the as somemost the of important of aspects I-VAWA: (1) des- ignatingone person in the government to be in charge of women’s international issues, espe- cially violence against girls; women and (2) formulating a coherentstrategy to prevent and reduce violence the against through use women comprehensive approach of basedwhat on works; (3) working with the military and police forces to violence to respond against women and girls; and (4) taking action rape and brutalization where of females used was as a weapon of S war. 37288-ckt_91-1 Sheet No. 102 Side B 12/28/2015 14:43:02 B 12/28/2015 102 Side Sheet No. 37288-ckt_91-1 37288-ckt_91-1 Sheet No. 103 Side A 12/28/2015 14:43:02 . 191 IMES ONG T In the the In ,N.Y. 123 125 A number of other factorsA number of other Id. 122 Soon after Clinton’s confirma- . S4402 (daily ed. Apr.Verveer’s 2009). 2, 124 EC Members of the public also also public of wereMembers the .R 121 ONG ) 12/16/2015 8:47 PM ELETE (Feb. 2010), 8, Hillary Clinton, in China, Details Abuse of Women of Abuse Details China, in Clinton, Hillary D ’Landmark’ International Violence Against Act Women Receives OT OT AILY N O .D International ViolenceWomen Against Actof 2010, H.R. 4594, 111th (D OL ,P EXECUTIVEWOMEN’S ORDERS RIGHTSON ISSUES Katie Glueck, Patrick E. Tyler, E. Tyler, Patrick see also See See REUTHART FINAL 2016] 7T Hillary Clinton’s appointment of as secretary state also boded .Aug. S6261 1, (daily 2013). ed. 121. 125. PressWhite Release, House, Nominationsthe Sent to Senate 3/11/09 (Mar. 11, 122. July public In opinion a 2009 conducted poll majority Research, by Lake a re- of 123. Sara Angevine,Women’s Global Rights: A Study of the International Violence 124. EC successor, Catherine M. Russell, received Senate confirmation on August 1, 2013. 159 C well forwell credited I-VAWA.catchphrase coiningthe She is “wom- with genderrights” ine- keynoteen’s rights on in a human address are Worldquality at and gender-based the violence 1995 Fourth WomenConference in Beijing. on http://www.politicsdaily.com/2010/02/08/landmark-international-violence-against-women-act- (Sept. 6, 1995), http://www.nytimes.com/1995/09/06/world/hillary-clinton-in-china-details- positively positively inclined toward the goalsI-VAWAby of the evidenced as survey.opinion results public a 2009 of Congress2010. and in 2009 Bipartisan Support meantime, I-VAWA in bogged became “abortion down politics,” splinteredwhich fragile the coalition of legislators to committed its R coalesced and made I-VAWA’s passage seem possible, I-VAWA’s seem and madecoalesced passage a as such Democratic majority in Congress, number women of an increased lawmakersthe level, at national greater of awareness the connec- foreigntion between and policy human rights, the recognized and front.the for—VAWA domestic on support success of—and abuse-of-women.html. 2009), https://www.whitehouse.gov/the-press-office/nominations-sent-senate-31109. Verveer,Melanne the firstAmbassador-at-Large Women’s for Issues, Global confirmed was tion,Women’s the OfficeGlobal created, of a Issues was was which centerpiecethe of I-VAWA bill, placed Verveer and Melanne in was charge of as the its Ambassador-at-Large. operations receives-bip; receives-bip; by the Senate on April 2,155 C 2009. Cong. (2010); InternationalWomenViolence Against Cong. 111th S. 2982, 2010, Act of (2010). spondentsfelt “that both violence against women and girls generally and violence against women and girls globally are serious problems (roughly two-thirds of voters rate these issues 8 and 10 on a 10-pointbetween scale).” Memorandum fromWom- Research Lake Partnersto Worldwideen Thrive and Family Violence Prevention(Aug. Fund 2 28, 2009) (on file at https://www.futureswithoutviolence.org/userfiles/file/GlobalPrevention/Lake_Intl_Research_Ke y_Findings_Memo_9-09.pdf).When provided a description the legislation, I-VAWA of sixty-two percent of respondents expressed “intense support” eighty-two and percent expressed support overall, includingsupport across party broad lines. Against WomenAgainst Act (IVAWA) 14–16 (Sept. 3,manuscript) 2011) (unpublished file (on with author). This presented paper was at the Annual Meeting of the American Political Science Association,took which from September place Seattle, 1-3,Washington. in 2011, 37288-ckt_91-1 Sheet No. 103 Side A 12/28/2015 14:43:02 A 12/28/2015 103 Side Sheet No. 37288-ckt_91-1 37288-ckt_91-1 Sheet No. 103 Side B 12/28/2015 14:43:02 [Vol 91:1 See gener- Press Release, See ConsolidatedAppropriations Act, 2012, 127 Thisfrom imprimatur Congress see also 129 ) 12/16/2015 8:47 PM ELETE D CHICAGO-KENT LAW REVIEW note 36. note OT OT note 123, 16. at Shepherded by Senator (D-MA),Kerry John the N note 111, at 176; 111, 176; note at O note 111, 171–72. note at supra (D supra supra supra After Republicans secured a majority in the House of House in the majority After a secured Republicans , , , InternationalViolence AgainstWomen Act of 2013, H.R. 3571, 113th Cong. 126 HARMA HARMA Despiteforward theI-VAWA, lack movement of on effective REUTHART FINAL 192 7T Although the push for enacting I-VAWA continued, its propo- Addressing violence against Addressing prior- a high violence worldwide was women See, e.g. 128 Marshall & Pacelle, 126. S 127. Angevine, 128. I-VAWAintroduced has been subsequent in sessions ofwithout Congress success to 129. S nents topivoted the executive for action, resulting in the of issuance to served Orders implement and 13,623,Executive which 13,595 critical pieces of the in legislative bill that lim- had been suspended bo. Representatives in the 2010 midterm elections, the momentum on I- stalled,favorableVAWA a was despite eleventh-hour in the vote Senate Relations Foreign Committee. litical fallout. issuance Finally, orderthis of executive a strong sent leadership role messagesymbolic a the U.S. on that could assume passage. helped bolster the appeal to theexecutive formore ac- aggressive gender-based could globally,tion on then which violence be viewed as a joint legislative/executive effort rather a unilateral than presidential move. Obama the of members key two for ity administration—namely, an original Vice-President I-VAWAwas of Biden who in sponsor Joe the Senate, of and Secretary State Hillary Clinton had been a who Chair ofSenate the Foreign Relations Committee, I-VAWA was approved by an eleven-to- lobbying had resulted in the inclusion of the in provision a aforementioned 2011 spending bill that mandated the president a to develop to against respond and designedtostrategy violence wom- prevent borders. en and girls across champion and girlstheformore ofthree rights women than of dec- Women’sades. rights activists gratifiedwere Obama that seemingly took action this executive in an election year without fear any of po- Pub. Stat. 1248. 112-74, 786, No. 125 L. eight vote partisanin Committee along lines the 2010. December 14, on mittee Approves Historic Legislation toViolenceWomenAgainst Combat and Girls 14, (Dec. 2010) (on file at http://www.foreign.senate.gov/press/chair/release/chairman-kerry-senate- foreign-relations-committee-approves-historic-legislation-to-combat-violence-against-women- U.S.Senate Comm.Relations, on Foreign Chairman Kerry: Senate Foreign Relations Com- and-girls). date. (2013); InternationalViolenceWomen Against Act 2012, of 112th H.R. 5905, Cong. (2012). Presidential scholars have asserted that the executive has greater opportunity, if not authority, to act unilaterally foreign the in sphere affairs as compared the to domestic realm. ally 37288-ckt_91-1 Sheet No. 103 Side B 12/28/2015 14:43:02 B 12/28/2015 103 Side Sheet No. 37288-ckt_91-1 37288-ckt_91-1 Sheet No. 104 Side A 12/28/2015 14:43:02 : . EV 193 Con- ABOR L L. R (2015), Obama, Obama, , 10 Louis OF . President EPT , 37 B.C., 37 (Apr. 8, 2010), (Apr. 8, 2014), 131 ORKPLACE , Bassett, Laura OST U.S. D Executive OrderExecutive P ODAY ODAY T 130 .L.&W see, e.g. NST ,USA .I UFFINGTON . 2014), (Apr. 13, ENT ,H US -K , .B HI AP :C OST Executive Order:Contractors Allow MustEmployees ROGRAMS P .P ) 12/16/2015 8:47 PM ASH ELETE ,W D OMPLIANCE OT OT C N Executive Orders and the Struggle for Workplace Equality O (D EXECUTIVEWOMEN’S ORDERS RIGHTSON ISSUES Mohana Ravindranath,Mohana ONTRACT .C ED F Notice of Proposed Rulemakingon Executive Order 13665, David C. Roth, REUTHART FINAL ,cents the “77 per dollar” amount oftencited in this issue);Aamer Madhani, see also Presidential Regulation Private of Employment: ConstitutionalityExecutive of Order Executive Order 13,665 2016] 7T Signed ObamaApril by 8, on 2014, Order Executive 13,665 In Order following issuing president Executive the 13,665, was 132 See 130. 132. President Barack Obama, Remarks by the President on EqualPay for EqualWork 131.Employment Exec. Order No. Opportunity, 11,24—Equal § 167 (1965). 3 C.F.R. FFICE OF http://www.washingtonpost.com/business/capitalbusiness/executive-order-contractors-must- 13,665 amends presidential a previous directive concerning non- discriminatoryforfederal employment and other practices contractors issued by Lyndon Johnson that was in 1965. https://web.archive.org/web/20150908022229/http://www.dol.gov/ofccp/PayTransparencyNPR M.html (last visited Aug. (discussing 27, 2015) Exec. Order No. 13,665, 3 C.F.R. § 240 (2014)); allow-employees-to-discuss-pay-with-each-other/2014/04/11/04c40e78-bf48-11e3-bcec- https://www.kentlaw.iit.edu/Documents/Institutes and Centers/ILW/JacksonWriting Louis Competition/ExecutiveWorkplace the Orders Struggle and for Equality.pdf (citing Michael H. LeRoy, 12,954 Debarment of ContractorsWhoPermanent Hire Striker Replacements the issue of gender-based violence, even in the absence of CEDAW CEDAW of the in absence even gender-basedviolence, the of issue ratification. greater transparency prohibiting“encourages by federal pay con- tractorsfromsubcontractors and discharging or discrimi- otherwise nating and job applicants their against for employees discussing, disclosingabout or inquiring compensation.” Obama mentioned specifically the negative gender implications of in his accompanying secrecy wage remarks the signing at ceremo- ny. through on a promise he made during his 2014 State of the Union the State Union his 2014 made of through during a promise he on http://www.usatoday.com/story/news/politics/2014/04/08/obama-equal-pay-executive- O 229, 259–60 (1996)). (Apr. 2010) (transcript 8, https://www.whitehouse.gov/the-press-office/2014/04/08/remarks- at http://www.huffingtonpost.com/2014/04/07/republicans-equal-pay_n_5106329.html (disputing, to Discuss with Pay Each Other b71ee10e9bc3_story.html. Of course,Executive Order 13,665 not was without criticism. orders/7461035 (discussing Republicans how claimed the order was unnecessary, with discrimination disparities the already how explaining pointed to being GOP illegal, wage and with- inObama the administration itself). president-equal-pay-equal-work). GOP Trade SharpGOP RhetoricPay Equal Debate in inter alia inter servatives Push Back Against Equal Pay Efforts Johnson’s action has characterized been as a refinementPresidentof Kennedy’s Executive Order 10,925, which alsoformed bases the for “manythe of principles and provisions” Title of VII. JacksonWriting Nat’l StudentCompetition, C 37288-ckt_91-1 Sheet No. 104 Side A 12/28/2015 14:43:02 A 12/28/2015 104 Side Sheet No. 37288-ckt_91-1 37288-ckt_91-1 Sheet No. 104 Side B 12/28/2015 14:43:02 . , ., ASH OMM ,NPR W C ’ , [Vol 91:1 But, as NPR PPORTUNITY PPORTUNITY (Apr. 8, 2014), He also madeHe also a .O 137 MP 133 E ACTOR QUAL The House had passed E The impetus behind the Republicans TotallyEqual Are for 135 136 ,U.S. :XXF LATE Summaries forPaycheck the FairnessAct ,S Amanda Marcotte, Also prompted concerns about by differ- ) 12/16/2015 8:47 PM 139 ELETE D CHICAGO-KENT LAW REVIEW see also 138 OT OT The Equal PayThe Equal of Act 1963 N O . H1473, H1476 (daily ed. Jan. 28, 2014) (State of the Union address Obama’s Executive OrdersObama’s Take WomenPayfor on Unequal Obama TakesAction ExecutiveObama tothe Lift ‘Pay Veil of Secrecy (D EC , an AMC television seriesthatfrom ran 2007 to featured 2015, story- 134 , IMDB, http://www.imdb.com/title/tt0804503 (last visitedAug. 27, 2015). .R Cong.Serv., Research ONG 29 U.S.C. § 206(d) (2012). For additional information on the amendment history , https://www.govtrack.us/congress/bills/110/hr1338/summary (last visited Oct. 5, (Apr. 8, 2014), http://www.washingtonpost.com/blogs/post- US . Id. Mad Men See See REUTHART FINAL hat billunlikely is to become doeshave it but law, potential the 194 7T At the same signing time President Obama was Executive Or- The concept of “equal pay forpay The enshrined “equal of concept equal work” in was See Men Mad [t] to put Republicans the on spot. No one wants to be in the position of defending unequal pay. Instead, GOP critics of the law warn of government interference in the free market, and the prospect of runaway lawsuits. 135. Juliet Eilperin, 134. 138. Scott Horsley, 139. 133. 160 C 137. 136. Paycheck Fairness Act, H.R. 1338, Cong. 110th (2008). OST of the Equal Paysee Act, Paycheck Fairness Act was to decreasePaycheck Fairness thewas Act so-called gender gap in throughwages means various including the prohibition of retaliation against wage disclose information. workers who der attempting 13,665,were Democrats tothe bring Paycheck Fair- ness Act to theforfloor Senate debate. of President Barack Obama). lines revolving around the personal and professionallives of executives and staff in a Madison Avenue advertising agency during the 1960s,complete with strikingexamples of gender bias, misogyny, discriminatory and treatment ofthe women in employment and the household set- tings. 2015) (also explaining that this for allowed punitive bill damagesfor successful plaintiffs in addition to compensatory damages). (Apr. 8, 2014), http://www.npr.org/2014/04/08/300477854/obama-s-executive-order-to-take- http://www.slate.com/blogs/xx_factor/2014/04/08/equal_pay_day_obama_to_sign_two_execut ive_orders_for_pay_transparency_and.html (questioning Republicans why object would to more data that might support their position on gendered pay differences). federal law beginningfederalappropriatelythe oflaw the titled passage with Equal Act of Pay 1963. http://www.eeoc.gov/laws/statutes/epa.cfm (last visited Oct. 5, 2015). For an excellent sum- reference to popular a long-running series television by proclaiming, workplace that policies with belong in a ‘Mad “It’stime do away to episode.” Men’ GOVTRACK address to and “give collaboratively work every the oppor-woman the employmenttunity she deserves” context. in P an earlier version of bill in 2008. this commentator Scott Horsley presciently observed commentatorabout Scott its Horsley 2014 iter- ation, politics/wp/2014/04/08/obama-takes-executive-action-to-lift-the-veil-of-pay-secrecy. on-unequal-pay-for-women; Pay, Except When They’re Not 37288-ckt_91-1 Sheet No. 104 Side B 12/28/2015 14:43:02 B 12/28/2015 104 Side Sheet No. 37288-ckt_91-1 37288-ckt_91-1 Sheet No. 105 Side A 12/28/2015 14:43:02 L. 195 , 84 N.Y.U., 84 Beyond the Paycheck Blameless Ignorance? The 146 Ledbetter v. Goodyear Jeremy A. Weinberg,Jeremy A. . 385 (2013). See Due to the lack of salary transparency theDue to salary lack of One of President Obama’s firstObama’s President actions of One ) 12/16/2015 8:47 PM EGIS 144 In the2007 case L 145 ON ELETE The followingThe year, Titleof VII Rights the Civil 143 D .J. OT OT 140 , the U.S.the , Supreme Court rejected Ledbetter’s N Potential plaintiffs disadvantaged often were ARV O (D 142 , 50 H , 50 EXECUTIVEWOMEN’S ORDERS RIGHTSON ISSUES A numbercourts of the did view plaintiffs’ not claims to anew begin with each at 625–28 (majorityat opinion). at 645 (Ginsburg, J.,at 645 (Ginsburg, dissenting). Id. Id. Id. REUTHART FINAL 2016] 7T Despite this changewelcome in the law, its underlying assump- A majorTitle its VII relatively problem short was with fil- 180-day 141 . 1756, (2009) (describingcircuit 1759 n.20 the split regarding paycheck the accrual rule). 140. 29 U.S.C. § 206(d). 141. Civil RightsAct ofPub. 1964, No. L. 88-352, 78 Stat. 241 (codified as amended 142. 143. Ledbetter Co.,& 649–50 Goodyear Tire Rubber 618, v. 550 U.S. J., (Ginsburg, dis- 144. 145. 146. Lilly LedbetterPay Act Pub. 2009, Fair No. of Stat. L. (codified 111-2, 123 scat- 5 in EV across scattered sections of 2 U.S.C., 28 U.S.C., and 42 U.S.C.; Title VII codified was at 42 U.S.C. 2000(e)). § Ledbetter and Limitations Act PeriodsTitlePay for VII Discrimination Claims passingcontinued day of discrimination; instead,the statute limitation of began to run from the initialthe discriminatory point of action. fort, and responsibility, are and which performed under similar working conditions.” tion continuesthat to theknows a worker be amount of compensa- first oftokind 2014, the survey tionJanuary paid to its In others. ask R after taking to office sign was the Lilly Ledbetter Act Fair of Pay permitsfile 180 days Title2009, claimants within which to VII actions paycheck. discriminatory last the receiving after paycheck accrual argument that each new paycheck re-started the re-startedthe paycheck paycheck argument accrual that each new EEOC charging interpretation instead period upheld a narrow and of filingthe statutory period. Act of1964 prohibited discrimination in employment on race, based color, religion, or sex, national origin, expanded for which the bases bringingfor claims differential pay members the protected of clas- ses. ingfromoffor period date the asserting occurrence discrim- a wage ination claim. because they were unaware of were because they disparity until a pay afterfilingthe deadline had passed. mary regarding the history of pay equity, see Marianne DelPo Kulow, FairnessMandatoryWage Act: Disclosure Necessary Laws—A forthe Tool Closing Residual Gender WageGap ences in pay between men and women, thethe of re- men provisions Act and women, between in pay ences on “equal forthatskill,jobs depend pay ef- quire rates of same the in her workplace, Ledbetter Ms. did not learnabout discrep- the pay until too itancy late. was senting) (examining the lack of transparency regarding compensation in many workplaces and its attendant issues). Tire & Rubber Co. tered sections U.S.C. U.S.C.). 29 and 42 of 37288-ckt_91-1 Sheet No. 105 Side A 12/28/2015 14:43:02 A 12/28/2015 105 Side Sheet No. 37288-ckt_91-1 37288-ckt_91-1 Sheet No. 105 Side B 12/28/2015 14:43:02 : AGE Re- OUSE W WITTER H About [Vol 91:1 148 HITE 147 This infor- ,W 149 ECRECY AND ECRECY S The president’sThe (July 30, 2014), AY We Can’t Wait: President 152 :P ORBES ORBES How SalaryHow Transparency and ,F IGURES F Butforward it represented UICK ,Q 151 . (Mar. 24, 2014), magazine, the writers Dorothy Parker, Robert NIV U ESEARCH R ORRIS ) 12/16/2015 8:47 PM M His position and equal on wage equity em- Vanity Fair OLICY OLICY ELETE /twitter.com/PattyMurray/status/453922348312592384. D 153 P CHICAGO-KENT LAW REVIEW OBERT S OT OT ’ N ,R O 150 note 139, at creative 418. One responsemanagement’s to proscription (D OMEN W 1 (Jan. 2014), http://www.iwpr.org/publications/pubs/pay-secrecy-and-wage- supra FOR . NST Id. Gender Equality REUTHART FINAL 196 7T Throughdirect presidential action Order under Executive 150. Kulow, 153. This action also was in line his with “WeWait” Can’t campaign 2011 in hewhen 147. I 148. 149. 151. Exec. 13665—Non-Retaliation Order No. for Disclosure Compensation of Infor- 152. Aftersuccessful the filibuster, Senator Patty (D-WA) Murray tweeted on April 2014, 9, ISCRIMINATION http://www.rmu.edu/News.aspx?id=531. Benchley,Sherwood and Robert listedtheir respective signs, strung on signs wages the around their necks, them and wore the at office.Shavin, Naomi an Openly CompetitiveJob Could Market Your Improve Career on salary disclosure hailsfrom 1930s. the After being forbidden from discussing their levels of compensation by the owners of half of the surveyed male half (47%)female the and (51%) of surveyed workers an- information of that“the and salary wage discussion swered either is discouraged or prohibited and/or lead to could punishment.” inclination to take unilateral issue resonated action on this economic with working and starkly women the revealed gap the between two major political parties. 13,665, President Obama was able to protect only federal able toprotect was 13,665, only Obama contract President forworkersfrom disclosing, being disadvantaged discussing, or inquiring information. about salary (Apr.AM), 9, 2014, 8:48 https:/ pledged to bypass Congress if necessary to families. help working IsObama Not Letting Congressional GridlockSlow Our Economic Growth movement on the overall wage transparency issue, which is note-movement the transparencywage which issue, overall on worthy because the Paycheck Fairness ultimately Act of 2014 was filibusterstalled Senate Republicans. due to by a sults fromsults a Robert MorrisUniversity poll released in March in- 2014 dicated that two-thirds over (68.4%) the of agreed with respondents statement, employers salaries hide “Most to avoid comparisonsof and women.” men for jobs among equal equal pay D directly about workplace policies on secrecy surrounding pay was was directly surrounding about pay on secrecy policies workplace theconductedInstitute by forWomen’s Policy Research. mation is essential to discrimination combat pay and, as one schol- commentator arly notes, for “[h]ence a need wage there is disclosure laws.” http://www.forbes.com/sites/naomishavin/2014/07/30/how-salary-transparency-and-an-openly- discrimination-1. competitive-job-market-could-improve-your-career. mation, 3 C.F.R. § 240,mation, 241 (2014). § 3 C.F.R. “ThisWe isn’t over. aren’t going let to the GOP hook off on #PaycheckFairness. them Time for to give a #fairshot women at #EqualPay” SenatorPatty (@Patty Murray Murray), T 37288-ckt_91-1 Sheet No. 105 Side B 12/28/2015 14:43:02 B 12/28/2015 105 Side Sheet No. 37288-ckt_91-1 37288-ckt_91-1 Sheet No. 106 Side A 12/28/2015 14:43:02 L ’ 197 NT I . (Aug. AG IGHTS IGHTS Ronald R .M ORNELL S S ’ 155 ,M , CNN (Jan. 24, , 40 C This rule, also OMEN 154 156 W ) of women’s rights. But But rights. women’s of UN R NDERMINED NDERMINED HORT U S HAT HAT advancement T The Global Gag Rule: Undermining National Interests by ) 12/16/2015 8:47 PM RDER EAST IN THE IN EAST THE O L ELETE Obama Reverses Abortion-Funding Policy D T OT OT Women Want GlobalWomenthe Gag Rule Gone for Good (A N O Nina Crimm, (D The president’s timing seemed to suggest his goodThe to president’s his suggest timing seemed XECUTIVE XECUTIVE EXECUTIVEWOMEN’S ORDERS RIGHTSON ISSUES E 157 N ., https://www.whitehouse.gov/economy/jobs/we-cant-wait (last visited Aug. 27, CON See generally REUTHART FINAL IV. A Executive Order 13,535 2016] 7T Things began on a positive noteThings from positive point began a on the of vantage ad- In an accompanying statementto the Memorandum, President Although controversy has swirled around some aspects of the the aroundaspects someAlthough of has swirled controversy &E 154. Memorandum City on Mexico Policy and Assistance for VoluntaryPopulation Plan- 155. Suzanne Petroni, 156. 157. Suzanne Malveaux, OBS President Obama has also issued at least one executive order that issued at least one executive PresidentObama also has affectsnegatively rights women’s in the area of auton- reproductive omy. forvocates justice reproductive immediately when, upon taking of- a Presidential president signed the fice 2009, in January Memorandum revokingthe so-called “Global Gag that Rule” had predecessor. hisbeen put executive in place by 11, 2014), http://msmagazine.com/blog/2014/08/11/women-want-the-global-gag-rule-gone-for-good. 2015). 339ning, § 3 C.F.R. (2009). Obama lamented the fact that family planning assistance had been toend issue”used as a “political that and signaled he wished wedge the debate. L.J. 587 (2007) (containing overall history an and analysisthe of Global Gag Rule). J ployment represents clearest the of example promoting women’s rights. known as the “Mexico Policy,”City prohibits the award offederal funds entity to overseas any that information, provides refer- advice, forral, legal services abortion,for or support the legalization of abor- activities. those subsidizes money other tion, if even aforementioned gender-focused Executive Orders in terms of the ef- aforementioned Orders of in terms gender-focused Executive officacy a particular or strategy tactic, it to is reasonable conclude that their primary aim was the Reagan initiated this policy duringReagan con- it and initiated was this administration his policy tinued duringtenure;Bill Clinton H.W. George the Bush’s reversed W.reinstate George it. rule,the have Bush to only Doing Unto Foreign Women and WhatNGOs Cannot BeDone at Home 2009), http://www.cnn.com/2009/POLITICS/01/23/obama.abortion. 37288-ckt_91-1 Sheet No. 106 Side A 12/28/2015 14:43:02 A 12/28/2015 106 Side Sheet No. 37288-ckt_91-1 37288-ckt_91-1 Sheet No. 106 Side B 12/28/2015 14:43:02 , NPR , NPR ,TIME [Vol 91:1 Roe v. Roe v. Executive In2007 a Moreover, 162 160 158 (D-IL) 1 (2008), BAMA O (Nov. 10,AM), 6:02 2009, 159 ARACK 161 .B Patient Protection and Affordable EN OLITIFACT ,P pledged enforcement to ensure that that pledged ensure enforcement to ,S ) 12/16/2015 8:47 PM MERICA A ELETE D CHICAGO-KENT LAW REVIEW OT OT Planned Parenthood Says PromisedObama to “Put Reproductive N HOICE O Shhh. Obama Repeals theShhh.Very Abortion Quietly Repeals Gag Rule, Obama -C (D AbortionVoteShows How Much World Democrats’ Has Changed RO 163 Id. REUTHART FINAL Supreme Court abortion.Supreme ruling on 198 7T Despite his repeated support for reproductive justice, Obama As a Senator,Obama’s Barackrecord autono- on reproductive Obama’s presidential directive was perceivedObama’s to as necessary was presidential directive 158. Sullivan, Amy 159. 160. NARAL P 161. Louis Jacobson, 162. Ron Elving, 163. Exec. Order No. 13535—Patient Protection and Affordable Care Act’s Consistency was compelled to adjustwas his perspective it when appeared that pas- thesage Patient of Protection and Affordable(ACA), Acthis Care signature health legislation, care might by uncertain- be jeopardized for coverage aboutty subsidized abortion procedures. my issues was assessed issues my as consistently “pro-choice.”was secure the votes of right-to-life Democrats, such as Rep. Bart Stu- such Democrats, of right-to-life secure the votes http://www.prochoiceamerica.org/assets/files/obama-fact-sheet.pdf(a fact sheet published by (Jan. 2009). 23, http://content.time.com/time/nation/article/0,8599,1873794,00.html. faith reversal in thispolicy announcementthe regard;oc- the of afternoonfanfare.curred minimal with a Friday on late he pointedly did not he pointedly take the opportunity to lift be- the ban the day the 36thfore,was which of anniversary the contentious Wade http://www.politifact.com/truth-o-meter/statements/2009/nov/10/planned-parenthood/planned- speech to the Planned Parenthood about Action health Fund care reproduc- mind,my reform, “In presidential aspirantObama stated, at it is so care, is basic It care. essential care is tive and the center Ithat propose.” plan the the of atheart Order 13,535 its with unwieldy title NARALPro-ChoiceAmerica detailing then-Senatorstance Obama’s on several reproductive parenthood-says-obama-promised-put-reprodu. pak(D-MI),for without the ACA riskingtheto bill it- an amendment Care Act’s Consistency withCare Act’s Restrictions Longstanding on the Use forof Abortion Federal Funds federalfunds not would be used “for (except abortion services in therape be en- cases of lifeor or when incest, would the of woman dangered).” rights policies). Health Care at the of Center” Health Reform (Jan. 26 2015), http://www.npr.org/sections/itsallpolitics/2015/01/26/381472527/abortion-vote- shows-how-much-democrats-world-has-changed (recountingthe role of Representative Bart StupakACA debatethe over abortion in coverage). Longstandingwith Restrictions theforFunds Use Abortion, on Federal of § 201, 3 C.F.R. 202 (2010). 37288-ckt_91-1 Sheet No. 106 Side B 12/28/2015 14:43:02 B 12/28/2015 106 Side Sheet No. 37288-ckt_91-1 37288-ckt_91-1 Sheet No. 107 Side A 12/28/2015 14:43:02 . 199 ASH (Mar. .J.63 Both ,W TS R EWS 166 N ILL B OX OX (Mar. 21, 2010), (Mar. 24, 2010), 2010), 24, (Mar. ,F segment, de- segment, ARY ARY OST EWS N .&M .P M OX OX F ASH ’ , ,W , 16 W , 16 165 Fox News Sunday Fox Emails Show Kagan Excited About Obamacare Pas- ) 12/24/2015 7:18 PM (Mar. 24, 2010), Y ’ ELETE OL NOW, NARALNOW, Displeasedwith Obama-Stupak Deal A National OrganizationWomen of (NOW) D Obama SignsObama Executive Order on Abortion Out of Sight of Media OT OT Stupak’s FallStupak’s Pro-Life from Grace .&P 169 N (Nov. 14, 2011), http://www.washingtonexaminer.com/emails-show- O OL (Mar. 21, 2010), (D note 165. note Y ’ :44P EXECUTIVEWOMEN’S ORDERS RIGHTS ON ISSUES OL Planned Parenthood regret expressed representatives supra Signing Statements and Divided Government XAMINER OST Ryan, appearing on a appearingRyan, on 3 C.F.R. § 201. 3 .&P 170 .P .E OL According to WilliamAccordingInstitution, Galston to the Brookings of 167 See Choice, Life Order Groups Slam on Abortion Obama Funding See Transcript: Reps.Wasserman Schultz Ryan, on ‘FNS REUTHART FINAL ASH ASH 168 2016] 7T Unsurprisingly, in conservatives Congress the condemned is- But pro-choice proponents also immediately denounced Execu- 164 ,W :44P ,W 164. 167. 168. 166. Kathleen Parker, 169. Garance Frank-Ruta, 170. Shear, 165. Michael D. Shear, OST but seems satisfied to a have very importantminority the par-within pragmatism.”model win-win of ty. the It was http://www.washingtonpost.com/wp-dyn/content/article/2010/03/23/AR2010032302841.html. aboutfact the “a pro-choice president of nation a pro-choice was http://voices.washingtonpost.com/44/2010/03/obama-to-sign-executive-order.html. “[t]heorder found spot, sweet a executive I’m which surprisedexist- ed . . . Somethingthat send the party the didn’t into of base tizzy a http://voices.washingtonpost.com/44/2010/03/now-naral-displeased-with-obam.html. self. http://www.foxnews.com/story/2010/03/21/transcript-reps-ryan-wasserman-schultz-on- P 21, 2010), http://www.foxnews.com/politics/2010/03/21/stupak-says-health-care-deal-looming- statement declared “Obama’s willingness to sign the order demonstrated to that ‘it negotiate of is acceptable on thecare health backs women.’” House LeaderMinority Boehner John (R-OH) and Rep. Paul Ryan (R-WI) recognized publicly the impermanencepresidential a of di- (2007). scribed Order the Executive as “the rule “notand of man” the rule of law.” kagan-excited-about-obamacare-passage/article/957286. For an analysisthe of that ways presidentialsigning statements be usedcan to promote a broader policy agenda, see generally Neal Devins, fns.html.It later revealed was that during an e-mail with exchange Solicitor then General Elena Kagan, Harvard law Professor Lawrence Tribe made reference to the fact that Execu- tive Order 13535 amountedsigning to “a statementsteroids,” on which suggestedcurrency its limitedwas in his opinion. Joel Gehrke, sage suance of Executive Ordersuance of Executive 13,535 in lieu of Congress’ holding out for changeon abortion substantive coverage in the ACA. abortion-funding (also noting thatStupak the was primary mover behind an amendment the to tive Ordertive 13,535. rective. ACA limiting the provision of abortion services). Glare 37288-ckt_91-1 Sheet No. 107 Side A 12/28/2015 14:43:02 A 12/28/2015 107 Side Sheet No. 37288-ckt_91-1 37288-ckt_91-1 Sheet No. 107 Side B 12/28/2015 14:43:02 , [Vol 91:1 The terms ISSED L.J. 2470, 2490– M 175 ALE 174 Y 171 IGHTS R , 124 S A 2014 Government ’ 173 EPRESENTS A EPRESENTS OMEN R W Report: ACA AbortionReport: Rules ACAIgnored HAT HAT T Unlike many other executive direc-Unlike othermany executive DVANCE A RDER 176 O ) 12/16/2015 8:47 PM ELETE D CHICAGO-KENT LAW REVIEW Ironically, insurers ACA seeminglythe under note 169. OT OT N O 172 XECUTIVE XECUTIVE (D E supra N PPORTUNITY TO TO PPORTUNITY A O Expanding Conscience, Shrinking Care: Access The Crisis in to Reproductive Burwell v. Hobby LobbyStores, Inc., 134 S. Ct. 2751 (2014); Elizabeth B. V. (Sept. 16, 2014), http://www.politico.com/story/2014/09/gao-report-obamacare- See Id. Id. REUTHART FINAL 200 7T Executive Order 13,696 While the coverage ACA’s contraceptive litigation spawned that By issuingBy this order, multipleObama Barack ob- accomplished An Executive OrderAn Executive thefor Military’s amending Manual Courts- 171. Frank-Ruta, 173. Jennifer Haberkorn Burgess & Everett, 172. 175. Exec.to 13696—2015 Amendmentsfor Order No. the Courts-Martial, Manual United 176. 174. OLITICO ultimately reachedU.S. the Supreme Court,the apprehension ex- at the advocates pressed time Ordersigning by of the of Executive 13,535 the about to potential limitforreproductive health coverage was not realized. P tives, this order results from thefrom president’stives,results this role order as the Commander- forcedtoOrder sign an Executive thatfurther codifies the proposed anti-choice reform the health language care bill.” in Deutsch, Note, Care and the Affordable Care Act’s Nondiscrimination Mandate have provided more—nothave less—coverage. jectives. He manageddisarm opponents, to congressional his pacify equivocal legislators, ensure the and of salvation theACA. But his action on thisexecutive issue cannot as pro- be characterized feminist, end result.the overall despite abortion-rules-ignored-110990.html. AccountingOffice (GAO) investigation that revealed fifteen of eight- eenforfunds not segregate insurers that selling plans were did the ACA. is required under abortion which coverage, Martial Martial was signed President by Obama in June 2015. 2500 (2015) (providing an in-depth the look at non-discrimination how provisionsACA the in might advance to used women’s be reproductive health services). of Executive Orderof Executive incorporated 13,696 legislative 2013 changesto the modifi- several Uniformthese Military Code of Justice; included assault issues in to sexual cations address designed and additions the military more effectively. in-Chieftheforces of armed in combination with a specific congres- States, 80 Fed. Reg. 35,783 (June 22,States, (June Fed. 35,783 2015). Reg. 80 37288-ckt_91-1 Sheet No. 107 Side B 12/28/2015 14:43:02 B 12/28/2015 107 Side Sheet No. 37288-ckt_91-1 37288-ckt_91-1 Sheet No. 108 Side A 12/28/2015 14:43:02 . , 201 ONTEMP (May 13, &C IMES Incremental Incremental AW (June 21,2013), RobinsonEv- O. IME 181 , 37 L 377, 385 (2014) (citing ,T , N.Y. T Y The Invisible War ’ See also See also OC &S . (supporting (1959) 861, 862–63 EV , http://servicewomen.org (last visited visited (last , http://servicewomen.org ENDER L. R 179 ETWORK .J.L.G N ISC In view of documenta-In view the extensive , http://www.protectourdefenders.com (last visited , 34 N.Y.U. CTION 177 A , 29 W , 29 ) 12/16/2015 8:47 PM S ’ But when he had taken opportunityBut the when to EFENDERS ELETE D D 178 OMEN Presidential Power to Regulate MilitaryJustice: A CriticalStudy of Practical Problems with Modifying the Military Justice System to OT OT RevisitingMilitary’s the Tailhook Scandal W UR N The InvisibleThe President: Ignored Obama’s How MilitaryAs- Sexual O O Is This Really “Unlawful Influence”? Command (D ERVICE EXECUTIVEWOMEN’S ORDERS RIGHTSON ISSUES ROTECT (Dec. 8, 2014) http://jezebel.com/the-invisible-president-how-obamas-ignored- P Groups were formed such as Protect Our Defenders and theOur Defenders formed such as Protect Groups were See REUTHART FINAL Michael Winerip, EZEBEL . 173, 173–74 (1972) (contending that the broad congressional delegation of authority . 2016] 7T Some Comments on the Rolethe ofSome Comments Discretion on MilitaryJustice in The problem assault ofin the sexual militarybrought was in- out Numerous highlighted in each area instances were in the media 180 ,J 180 178. Anu Bhagwati, 177. Uniform of Code Military Justice,10 U.S.C. § 836 (2006). 181. 179. Darlene Iskra, ROBS erett, to the open after incidents of sexual assault and harassment were harassmenttoassault open after incidents the and were sexual of aviatorreported naval Tailhookthe at in Las Ve- 1991 Convention gas. speakforcefully out by stating that uniformed perpetrators of sexual assault “prosecuted, should be stripped of their positions,court- martialed,fired, discharged,” dishonorably President Obama was “undueaccused of command influence” military by defense lawyers pending. cases active and judges with changes however, more had occurred; decades later, than two a in the for violence of survivors sexual remained number of obstacles military: (1) reporting difficulties; (2) inadequate victims’ services; (3) retaliation. (4) commandchain of and issues; asas well featured in a 2012 documentary film, Service Women’s Service Action Network to safeguard and promote the rights with a individuals of had aid those who mission to special been subjected assault to sexual inwhile uniform. tion of continued instances of sexual violence in the military,sexual oftioncontinued of Barack instances Obama’s leadership overall on the subject by been viewed has insufficient. some as sault an expansive viewan expansive of executive constitutionalmilitary authoritythein area of justice). sional delegationsional of power. Aug. 2015); 27, S P Aug. 2015). 27. http://nation.time.com/2013/06/21/is-this-really-unlawful-command-influence. command “Illegal 10 U.S.C. 837 (2012)). § 2013), http://www.nytimes.com/2013/05/13/booming/revisiting-the-militarys-tailhook-scandal- to the president renders it unnecessary to determine the scope of executive constitutional au- F. Fratcher, William thority); Decisions the of Court MilitaryAppeals of military-s-1668212408. video.html. influence is an attempt to coerce, or by any unauthorized means, influence the action of a courtmartial in reaching the findings or sentence in any case or the action of any convening, approving, or reviewing authority with respectto such authority’sjudicial acts.”JonathanP. Tomes I. & Michael Spak, Better Handle Sexual Assault Cases 37288-ckt_91-1 Sheet No. 108 Side A 12/28/2015 14:43:02 A 12/28/2015 108 Side Sheet No. 37288-ckt_91-1 37288-ckt_91-1 Sheet No. 108 Side B 12/28/2015 14:43:02 , IMES UMAN UMAN [Vol 91:1 ,H , N.Y. T , N.Y. Despite the (Mar. 7, 2007), (Sept. 9, 2013), 183 Lt. Col. James ALON OLITICO For example, over ,S 184 ,P 182 SenatorGillibrand Kirsten (D-NY) 187 ) 12/16/2015 8:47 PM ELETE D CHICAGO-KENT LAW REVIEW OT OT Kimberly Hanks Takes on Air Force Air on Takes Hanks Kimberly The Private War Womenof Soldiers , IMDB, http://www.imdb.com/title/tt2120152 (last visitedAug. 27, N O Gillibrand, McCaskill SquareMilitary over Off Assault Prosecutions Attacked At Airan 19 by Force Trainer, and Speaking Out (D 186 In 2015, after an eighteen-monthinvestigation, the in- (May 18,(May 2015), https://www.hrw.org/report/2015/05/18/embattled/retaliation- 185 ATCH The InvisibleWar Embattled: Retaliation Against Sexual Assault Survivors in the US Military REUTHART FINAL Juana Summers, W . 202 7T With hamstrung, the president somewhat at temporarily, least 185 187. Alisa Chang, 183. James Risen, 182. 184. Helen Benedict, 186. IGHTS against-sexual-assault-survivors-us-military. the trainees years, course several sixty-two of at San Antonio’s Lackland assaulted Air had been sexually Force Base or subjected to inappropriate at the conduct hands of thirty-two differentinstruc- tors, too but fearful were to reporthad occurred. what after being“conflict accused of a of interest” as a result of his role as Commander-in-Chief, it was left to Congress take to the lead on shaping on public policy combatting military assault.There sexual to ulti- public disagreement proceed, which thewas about way best matelythe “pitted of law- Senate, women Democrats, both both two yers, against each other.” Wilkerson was foundWilkerson ofguilty was assault, aggravated sexual court- martialed, the to to de- in prison, have one year only and sentenced cision reversed Lt.Gen. by Craig Franklin,Third Commanderthe of Air Force. (Feb. 26, 2013), http://www.nytimes.com/2013/02/27/us/former-air-force-recruit-speaks-out- introduced Justice the Military Improvement(MJIA) that Act would, among otherthings, the away authority take ofcommanders to de- 2015). R which was nominated which forwas Award. an Academy http://www.salon.com/2007/03/07/women_in_military. ternationalWatch NGO Rights Human a 113-pagereleasedreport formsdocumenting retaliationthe commonplace of varied against U.S. military assault sexual survivors, included which name-calling, ostracism,punishment bullying,for collateral and misconductsuch as underage drinking, performance negative evaluations, and promotion denials. supposed services for victims, an Iraqi war veteran who had been had forIraqi veteran who an victims, services supposed war assaulted in basic trainingrevealed while friendssexually that her of attempted a reportsexual who to “none violence, of sent them were victim’s advocate, a counselor or a chaplain.” http://www.politico.com/story/2013/09/accuser-kimberly-hanks-takes-on-air-force-96510.html. NPR (Mar. 7, 2014), http://www.npr.org/2014/03/07/287117360/gillibrand-mccaskill-square-off- about-rape-by-her-sergeant-at-lackland.html. over-military-assault-prosecutions. 37288-ckt_91-1 Sheet No. 108 Side B 12/28/2015 14:43:02 B 12/28/2015 108 Side Sheet No. 37288-ckt_91-1 37288-ckt_91-1 Sheet No. 109 Side A 12/28/2015 14:43:02 , : 203 IRSTEN SSAULT (2013), A ETRAYED Law Pro- ,K B 2013 (2015), EXUAL EXUAL S WICE ROBLEM (June 13, 2013), P ,T ORB COM . EVIEW OF K ASES IN R B SSAULT LOG A AWRENCE NAPSHOT ILITARY ,CAAF EXUAL ,S S &L S ’ U.S. M Although Gillibrandup lined sup- ILLIBRAND 189 The findingsThe in the contained report G ILITARY OSENTHAL R 192 The reform legislation Sen- by proposed ARGEST L ) 12/16/2015 8:47 PM IRSTEN K 188 U.S. M N.Y., http://www.gillibrand.senate.gov/mjia (last visited Aug. ELETE INDSAY INDSAY D OUR (Mar. 2014), 6, L F OT OT Hagel Urges Sexual That Assault CasesMilitary Stay in Command N ENATOR O S (D The contactfa-thatthe lawsuit contends close and In May 2015, her office issued a report 2015,office issued a she had her InMay . J.16, (Jan. 2015), http://www.wsj.com/articles/hagel-urges-sexual- ONGRESS T ENATOR FOR C S EXECUTIVEWOMEN’S ORDERS RIGHTSON ISSUES 194 191 FFICE OF 190 Complaint, Baldwin v. Dep’t of Defense, No. 1:15-cv-424Va. (E.D. Mar. 31, see generally O ALL USTICE TO THE NSIDE J ILES AT THE ; :U.S.S :I F ,W Id. Senate Vote 59—Rejects Blocking Military from Commanders Sexual Assault Cases Comprehensive Resource for Center the Military JusticeImprovement Act See Id. See REUTHART FINAL IMES 2016] 7T Gillibrand vowed to continue fightingto the overhaul military jus- When overtures to the legislative and executive branchesfailed 193 189. 190. 191. Felicia Schwartz, 188. 193. 194. 192. ILLIBRAND EPORT RINGING commissioned assault concerning report sexual filing atfour the largestmilitary U.S. bases. http://www.caaflog.com/wp-content/uploads/Law-Professors-Statement.pdf. tice system. ator Claire McCaskill (D-MO) did not remove chain-of-command de- 30, 2015). N.Y. T https://www.americanprogress.org/wp- content/uploads/2013/11/MilitarySexualAssaultsReport.pdf; Richard L. Abel et al., fessors’ Statement on Reform of Military Justice http://politics.nytimes.com/congress/votes/113/senate/2/59. show that survivorsshow continued face to difficulties in the areas of sex- Structure G R cide whether to convene whethercide to convene a courtmartialfor of types certain offenses, including assault. sexual to alter the chain-of-command problem, some survivors turned to the tothe turnedto alter chain-of-command the survivors problem, some courts. Although the litigation approach been successful has not to date, filed a 2015 action was in the U.S. DistrictCourtfor the East- ern District of Virginia requesting an injunction to stop commanders from being placed in charge assault of cases sexual that occur within their units. http://www.gillibrand.senate.gov/imo/media/doc/Gillibrand_Sexual%20Assault%20Report.pdf. 2015). The attorney for the victims in this case,Susan Burke, filed has at least othertwo cases in which plaintiffs sued themilitary U.S. for creating a culture that is as viewed tolerating assaultsexual and discouraging victimsfrom reporting rape. The first case dismissed was be- B assault-cases-stay-in-military-command-structure-1421444631. portfifty-fivefrom ofSenate her the not did colleagues, have she cision making, survivors opportunity allow did for but input the into ual assault reporting and case handling, which seem to strengthen toual assault seem strengthen case handling, reporting which and Gillibrand’sto resolve bring and systemicchang- structural about es. necessary sixty tofilibustervotes sixty necessary defeat a threatened by McCaskill. way their cases way handled.were 37288-ckt_91-1 Sheet No. 109 Side A 12/28/2015 14:43:02 A 12/28/2015 109 Side Sheet No. 37288-ckt_91-1 37288-ckt_91-1 Sheet No. 109 Side B 12/28/2015 14:43:02 , 199 ORBES Stanley [Vol 91:1 ,F (Apr. 7, 2015), (Oct. 13, 2014) With her high- LAMOUR EDBOOK 200 ,G , Congress has creat- never when theirwhen injuries inci- were ,R Bivens Bivens A 2014 magazine cover story A 2014 magazine Despite for appeals Michelle 198 Klay v. Panetta, F. Supp. 924 2d 8 (D.D.C. 197 See , https://www.whitehouse.gov/joiningforces/about (last ) 12/16/2015 8:47 PM initiative under the auspices of her Whiteinitiative under of the her auspices note 194, at 16–17. at 194, note These Women Need You! These Designed to help meet the needs militaryof ORCES A Letter Michelle to in Light Obama of Military Sex Assault F ELETE (May 17,(May 2013), The World’s 100 MostThe Powerful Women D CHICAGO-KENT LAW REVIEW 196 supra , OT OT EWS N N OINING O 195 Michelle Obama, Sarah Jessica Parker, and Kerry Washington: The :J (D AILY AILY Baldwin D , Erin Rhoda, OUSE H Joining Forces Joining ANGOR HITE HITE ,B Id. See, e.g. REUTHART FINAL 204 7T 201 Although Obama government official Michelle First has no Lady 195. Complaint, 196. W 201.World’s Michelleofthe listedten was The Forbes 2015 list number Obama on at 100 197. 198. 200. Cindy Leive, 199. Sandy M. Fernández, ed an express cause ofa remedy action as fortype the of claimthat Plaintiffs allege And here. it is Congress, the not courts,thatthe Constitution charged has with that responsibility.”Cioca v. Rumsfeld, 720 F.3d 505, 517 (4th Cir. 2013). dismissed The secondwas case rea- two for sons: the plaintiffs not entitled were to a remedy under 2013). dentaltheirmilitary to service, second, and facts the alleged were not sufficient to overcome the qualified immunity of the defendants. Obamato addresstrauma thethose of assaulted sexually while in uniform, declined to do so. has she http://www.glamour.com/inspired/2015/04/michelle-obama-sarah-jessica-parker-kerry- washington-glamour-cover-may-2015. MostWomen. Powerful impact profile, the First Lady’s reluctance to speak out on this issue impact this reluctanceout issue the profile, on Lady’s speak First to for Whiterepresents chance Obama House as a the another lost towhole takeforceful a public stance on sexual in theviolence military. http://arguably.bangordailynews.com/2013/05/17/people/a-letter-to-michelle-obama-in-light-of- visited Aug. 27, 2015). Epidemic featuring the First Lady and the challengesfaced by five femalevet- violence issue oferansthe sexual did not in the discuss military. thatservicemembers cause will not have an implied the against action of government inju- for ries arising outor incident of to their military service under In a 2015 interview, Michelle interview, In side-stepped Obamaques- a 2015 deftly again abouttions presented assault. military sexual cause “[i]nmore the than twenty-five years since the Supreme Court pronounced in miliarity of with victims alleged and commanders perpetrators who were line reports necessary the prevents impartialityfor responsible making.decision position, president’s the along with vice she, wife, Dr. Biden, Jill un- theveiled http://www.redbookmag.com/life/mom-kids/news/a19189/michelle-obama-veterans. Important Cause Bringing Three PowerhouseWomen Together http://www.forbes.com/profile/michelle-obama (last visitedSept. 2015). 13, Although Michelle members and theirfamilies, the ac- initiative stressed has “wellness pillars.cess” as one ofkey its military-sex-assault-epidemic. Obama’sfavorability rating is consistently sixty between and seventy percent,there is a per- ception among some “that she not has used her platform to its fulladvantage.” Peter Baker, House Office 2011. in 37288-ckt_91-1 Sheet No. 109 Side B 12/28/2015 14:43:02 B 12/28/2015 109 Side Sheet No. 37288-ckt_91-1 37288-ckt_91-1 Sheet No. 110 Side A 12/28/2015 14:43:02 205 OMEN OMEN Y FOR Y ’ W (June 10, (June 10, EC S IMES SSISTANT NTERESTS OF ,N.Y.T I A Finally, Obama Barack 202 DVANCING THE FFICE OF THE :A ., O CT A ERVS ONCLUSION ARE S C C VI. UMAN ) 12/16/2015 8:47 PM &H FFORDABLE ELETE A D OT OT HE EALTH N H O ,T (D T OF ’ EXECUTIVEWOMEN’S ORDERS RIGHTSON ISSUES EP (2015), http://aspe.hhs.gov/sites/default/files/pdf/77191/ib_mch.pdf. D VALUATION &E See REUTHART FINAL 2016] 7T An examination of President Obama’s orders use of executive PresidentObama todisinclined seems more take a definitive HILDREN C 202. LANNING tuskegee-graduation-speeches.html. has yet to take convincing action on the issue of sexual assault in assaultof in sexual issue the on convincing take action to has yet the military, seems ripe for which a presidential directive geared to- reformationward of existing under policies the Department of De- on women’s rights resulton women’s does not in a simpleor issues “thumbs up thumbs appraisal. Establishing down” the Or- CWG Executive under der 13,506 supports women’s empowerment, although its achieve- mentsto date in termsof quality and quantity not necessarily have demonstrated a strong role leadership on women’s rightsin the public policy arena. Orders Executive 13,595 and 13,623 lived up to feminist expectations gender-basedglobal addressing violence on 2015), http://www.nytimes.com/2015/06/11/us/michelle-obama-king-college-prep-and- position on the chain-of-commandquestion.This is not surprising in ofview fact the that prominent members of party his own are divided on this issue. Butfind he must alternative ways to assert his com- in the violence as increasing such militarymitmentto ending sexual victims’promoting and services a “zero tolerance” to deal policy with retaliation. currentthisreticence Obama’s Barack particular on sexual assault issue stands in contrast to his administration’s posture Michelle Talks Obama About Race and Success, and MakesItPersonal P AND and creating a women’s rights oriented agenda in the realmfor- of eignThe affairs. president’s Order issuance of 13,665 be- Executive equality, for women’s column of promotion longsthe its plus in generally—and for equity, wage specifically—in the employment sector.The political compromise that resulted in Obama’sof signing Executive Order 13,535 caused a furor among reproductive justice the could be ACA, saved which atadvocates have time, may the but more in the long run. tobeneficial women on endingglobal violence against Order under Executive women under auspices the on college13,623 rape and stopping campuses While flawless Force.of fromTask and its the not CWG necessarily morerobust. feminist decidedly are policies those a perspective, 37288-ckt_91-1 Sheet No. 110 Side A 12/28/2015 14:43:02 A 12/28/2015 110 Side Sheet No. 37288-ckt_91-1 37288-ckt_91-1 Sheet No. 110 Side B 12/28/2015 14:43:02 L A 203 ,A 204 (2015), [Vol 91:1 However, ULSE P 206 . J. (Jan. 2015), 1, T S TUDENT ALL , S ,W Whiledifficult reconcile to 207 ) 12/16/2015 8:47 PM Women’s Issuesin the Era:Expanding Obama Equality and That Time Obama Called Obama Time on OnlyThat Women at a Press Confer- ELETE D CHICAGO-KENT LAW REVIEW Obama Takes QuestionsObama Women, Only from Apparently a White OT OT (Dec. 19,http://www.washingtonpost.com/blogs/the- 2015), Obama Pivots toObama Lawmakers N Women Front Center in State and Obama’s Unionthe Address of O (Dec. 2014), http://www.latimes.com/nation/politics/politicsnow/la- 19, (D This was notThis was welcomed for news rights women’s ac- OST IMES 205 , Morelli, Caitlin T .P . (Jan. 29,http://america.aljazeera.com/articles/2014/1/29/women-front- 2014), ,L.A. M ASH A See, e.g. REUTHART FINAL 206 7T Duringfinal Obama his conference 2014, press in December ,W 207. E.Kim, Tammy 203. Nia-Malika Henderson, 206. 205. Carol E. Lee, 204. Kathleen Hennessy, AZEERA made a point of fieldingmadepoint a from of questions reporters women only. portunity. and-centerinobamasspeech.html. Barack Obama’s 2015 State surprisinglythe of Union address was concerns. genderfocusedequality on fix/wp/2014/12/19/that-time-obama-called-on-all-women-at-a-press-conference. http://www.studentpulse.com/a?id=992 (providing an overall assessment that lauds Obama’s women’s rights accomplishments lamentingwhile the barriers by Congress created thatfrus- tratefulladministration’s Obama realization the of objectives). tivists who knew ittivists who was unlikely that a Republican-controlled Con- a pro-feminist have gress would agenda. legislative J fense and in all branches of the military, as well as those governing military, the as those of fense as well branches in all and academies. service the national characterized makingactionmove. history this as a bold, Many few few later,weeks administration senior officials suggested that the White House intended to “pivot from away President Barack actionsObama’sreliance in the on executive coming and in- year morevest legislative in a strategy aimed at key to trying advance policy goals.” ence Social Opportunity Under the Administration Obama http://www.wsj.com/articles/obama-pivots-to-lawmakers-1420158788. pn-obama-reporters-women-20141219-story.html. these mixed signals,these to mixed advance president the ready wom- seems otherwise, BarackObama still can solidify his legacy on women’s rights—not symbolically, only but substantively—if the op- he seizes en’s rightsmore overtly, albeit more than gradually anticipated when feminist a as “what cover first on a magazine he was showcased lookstaking of Assigning like” upon him office in 2009. moniker the feminist-in-chiefmight premature, be presidential but directive by or House First 37288-ckt_91-1 Sheet No. 110 Side B 12/28/2015 14:43:02 B 12/28/2015 110 Side Sheet No. 37288-ckt_91-1