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Sherry F. Colb
Sherry F. Colb

Sherry F. Colb is the C.S. Wong Professor of Law at Cornell University. Colb teaches courses in constitutional criminal procedure, evidence, and animal rights. She has published articles in a variety of law reviews, including Stanford, Columbia, N.Y.U., and G.W., on such topics as privacy from police searches, incarceration, reproductive rights, and why courts are more offended by wrongdoing that results in concrete rather than abstract harm. Colb's most recent book, Beating Hearts: Abortion and Animal Rights (co-authored with Michael C. Dorf), addresses some of the common puzzles, themes, and challenges that animate and confront both the pro-life and animal rights movements. She has also published a book about sex equality in the Twenty-First Century, entitled When Sex Counts, and a book about veganism entitled Mind If I Order the Cheeseburger?, which is also available on Audible. Before beginning her career in law teaching, Colb clerked for Judge Wilfred Feinberg of the U.S. Court of Appeals for the Second Circuit and Justice Harry A. Blackmun of the U.S. Supreme Court. She received her J.D. magna cum laude from Harvard Law School and her A.B. summa cum laude and valedictorian from Columbia College.

Columns by Sherry F. Colb
Fishgate and Schadenfreude

Cornell law professor Sherry F. Colb comments on recent reports that New York City Mayor Eric Adams, who identifies as a vegan, sometimes eats fish. Professor Colb, an ethical vegan, points out that in her opinion, being a vegan means trying to keep the products of animal exploitation and slaughter out of one’s life to the extent that one can do so, and we should celebrate Mayor Adams’s substantial success in doing that rather than criticize his (alleged) failure to do it perfectly.

Forced Pregnancy, Homophobia, and Child Marriage: How Religion Enables Abuse

Cornell law professor Sherry F. Colb describes how religion gives an air of respectability to many cruel and reprehensible practices, such as forcing people to carry pregnancies to term, homophobia, and child marriage. Professor Colb argues that Americans’ commitment to “respecting everyone’s religion,” however coercive, violent, or misogynistic, precludes an actual respect for the bodily integrity, liberty, and privacy of women, LGBTQI+ people, and girls.

Remembering Brett Kavanaugh

Cornell law professor Sherry F. Colb praises Ruth Marcus’s 2019 book, Supreme Ambition, about Brett Kavanaugh’s rise to power and the events that took place after Dr. Christine Blasey Ford accused him of sexual assault. Professor Colb notes that the book is engaging even for someone who closely followed the events as they occurred, and reflects on the trauma of living (and reliving) through that disillusioning period in our nation’s recent history.

How Medical Abortion Challenges the Practice and the Moral Condemnation of Ending a Pregnancy

In response to the December 16 announcement that, Cornell law professor Sherry F. Colb explains the significance of the U.S. Food and Drug Administration (FDA)’s December 16 announcement that it is permanently allowing doctors to administer medical abortions by telemedicine and through the mail. Professor Colb describes why the change is likely to make terminating a pregnancy more accessible and affordable and less dangerous, and she argues that medical abortion also challenges one ethical argument some anti-abortion advocates have raised.

What the Kyle Rittenhouse Verdict Tells Us About Domestic Violence

Cornell Law professor Sherry F. Colb reflects on what the acquittal of Kyle Rittenhouse tells us about domestic violence and society’s expectations based on gender. Professor Colb argues that the law of self-defense, especially as it is developing away from the duty to retreat, demonstrates gender inequality within the criminal justice system by favoring testosterone-fueled vigilantes over the women who choose to survive rather than succumb to domestic violence.

Abortion Pride?

Cornell Law professor Sherry F. Colb explains why “abortion pride”—in the sense of coming out about having had an abortion—can help eliminate the shame and stigma associated with the procedure. Professor Colb points out that just as gay pride is more than simply pride in one’s sexual attractions but the creation of a community of people with like experiences, abortion pride can potentially reduce the need for specially designated support groups and help them chat unselfconsciously with other people with similar experiences.

Texas SB8: A Cooperative Venture for Rapists and the State of Texas

In light of next week’s oral argument in a high-profile case involving the federal government’s challenge to a restrictive Texas abortion law, Cornell Law professor Sherry F. Colb explains what we can learn from the law’s failure to grant an exception to its near-absolute prohibition against abortion for pregnancies that result from rape or incest. Professor Colb argues that by refusing to permit the women of Texas to terminate pregnancies resulting from rape and by simultaneously allowing lawsuits against those assisting such terminations, the state of Texas deputizes a rapist to forcibly impose an entire pregnancy upon the victim of his choice.

The Pro-Life Story of How Babies Are Made

Cornell Law professor Sherry F. Colb responds to some of the consensus views among pro-life advocates that reflect how they understand pregnancy. Professor Colb debunks the illogical argument that a zygote is a person and explains why the view of pregnancy as merely the placement of a zygote “somewhere” (i.e., inside a woman) to grow into a person is simplistic and misogynistic.

Abortion in Texas and Middle-School Bullying

Cornell Law professor Sherry F. Colb describes how Texas’s abortion statute SB8 is similar to middle-school bullying in the way that it scares everyone into persecuting or shunning anyone who associates with a woman seeking an abortion. Professor Colb explains that by creating “untouchables,” the law compels everyone—even those who are not opposed to abortion—to avoid having anything to do with a woman who has had or is seeking to have an abortion.

Abortion and the Adoption Option

Cornell Law professor Sherry F. Colb responds to the anti-abortion argument that anyone who does not want to keep a baby can and should give them up for adoption. Professor Colb points out that the pain and discomfort associated with carrying a child to term are tolerable only if one wants to keep the resulting baby; if one does not want or cannot keep a child, then pregnancy is intimate and intense suffering in a way that may be intolerable for the woman.

Texas Plays Chess with Pro-Choice Pawns

Cornell Law professor Sherry F. Colb comments on a blatantly unconstitutional Texas anti-abortion law that the U.S. Supreme Court recently declined to enjoin, pointing out the unusual structure of the legislation and the hypocrisy of “conservatives” who support it. Noting from the outset that the so-called heartbeat to which the legislation refers is not from an actual heart, but pulsing, undifferentiated cells, Professor Colb highlights the hypocrisy of so-called conservatives who favor insulating most civil defendants from suit while inviting nearly anyone to sue for “aiding and abetting” performance of an abortion.

Hate Crimes and Free Speech

Cornell Law professor Sherry F. Colb explains why the view that hate crime legislation violates the freedom of speech is incorrect and has radical and undesirable logical implications. Professor Colb points out that speech in this context is used as a basis for inferring a person’s motive, and people generally agree that motive can be a relevant consideration in determining whether certain conduct is permissible.

What Andrew Cuomo Has Taught Us About #MeToo

Cornell Law professor Sherry F. Colb reflects on what the resignation of New York Governor Andrew Cuomo means about the #MeToo movement. Professor Colb examines the structure of allegations of gendered misconduct, and she points out that the small number of men who victimize women tend to do it repeatedly unless and until someone puts a stop to it once and for all.

How To Lose An Argument (or Arrogance for Dummies)

Cornell Law professor Sherry F. Colb explains why listening to people is a better way to persuade them to change their position on an issue than calling them out for inconsistency. Professor Colb navigates a hypothetical conversation to demonstrate how thoughtful attention and humility can be more convincing than arguing or attacking.

What If Edwards v. Vannoy Had Gone the Other Way?

Cornell Law professor Sherry F. Colb comments on the U.S. Supreme Court’s decision in Edwards v. Vannoy, in which it held that a prisoner may not invoke the denial of his Sixth Amendment right to a unanimous jury as a basis for challenging his criminal conviction when filing a federal habeas corpus petition. Professor Colb explains why, if cost/benefit analysis played a role in determining retroactivity, the Court perhaps should have decided that case the other way.

#BillCosby Is Still #Guilty

Cornell Law professor Sherry F. Colb comments on the Pennsylvania Supreme Court’s recent decision overturning Bill Cosby’s conviction for the sexual assault of Andrea Constand. Professor Colb makes clear that the court’s actions in that case do not exonerate Bill Cosby; rather, it remains true that a jury of his peers convicted him of sexual assault based on proof beyond a reasonable doubt.

United States v. Briggs: The Court Reaches a Wrong but Just Result

Cornell Law professor Sherry F. Colb comments on a decision by the U.S. Supreme Court this term holding that the Uniform Code of Military Justice (UCMJ) contains no statute of limitations for rape. Professor Colb argues that the Court stretched the language of the statute to reach a “desirable” decision, demonstrating that judges at all levels can interpret a statute to reach the result they want to reach.

Should Vegans “Force” Their Children to Be Vegan?

Cornell Law professor Sherry F. Colb comments on a recent interview in which actor Joaquin Phoenix, who is vegan, said that he would not “force” his nine-month-old son River to be vegan, though he hoped he would be. Professor Colb explores why the question and his answer have provoked strong responses among vegan activists and offers an alternative understanding of his statement that supports, rather than undermines, veganism.

The U.S. Supreme Court Takes a Step toward Defunding the Police

Cornell Law professor Sherry F. Colb comments on the U.S. Supreme Court’s recent decision in Caniglia v. Strom, holding that police may not enter a private home to perform a “community caretaking” function without having a search warrant. Professor Colb suggests that by recognizing limits on the authority of law enforcement officers to enter a home without a warrant in these circumstances, the Court may be implicitly adopting the message of “defunding the police” by reallocating a non-police function to better-suited responders, such as social workers or mental health experts.

Justice Thomas Calls Out Liberals for Distinguishing Incarceration from Pregnancy

Cornell Law professor Sherry F. Colb responds to an observation made by U.S. Supreme Court Justice Clarence in his concurring opinion in Jones v. Mississippi, noting an ostensible inconsistency in the language liberals use in discussing incarceration, as compared to pregnancy. Professor Colb acknowledges the face value of Justice Thomas’s point—that liberals refer to minors seeking an abortion as “women” and minors facing life imprisonment without the possibility of parole (“LWOP”) as “children”—but she points out that the difference in terminology reflects a consistent view that minors are not fully developed and should not be forced to do irreversible “adult” things like carry a pregnancy to term or serve a mandatory LWOP sentence.