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Abortion

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Full-Text Articles in Health Law and Policy

How Planned Parenthood V. Casey (Pretty Much) Settled The Abortion Wars, Neal Devins Sep 2019

How Planned Parenthood V. Casey (Pretty Much) Settled The Abortion Wars, Neal Devins

Neal E. Devins

More than twenty-one years after Robert Bork's failed Supreme Court nomination and seventeen years after Planned Parenthood of Southeastern Pennsylvania v. Casey, the rhetoric of abortion politics remains unchanged. Pro-choice interests, for example, argue that states are poised to outlaw abortion and that Roe v. Wade is vulnerable to overruling. In this Essay, I will debunk those claims. First, I will explain how Casey's approval of limited abortion rights reflected an emerging national consensus in 1992. Second, I will explain why the Supreme Court is unlikely to risk political backlash by formally modifying Casey- either by restoring the ...


If A Fetus Is A Person, It Should Get Child Support, Due Process And Citizenship, Carliss Chatman May 2019

If A Fetus Is A Person, It Should Get Child Support, Due Process And Citizenship, Carliss Chatman

Carliss Chatman

Alabama has joined the growing number of states determined to overturn Roe v. Wade by banning abortion from conception forward. The Alabama Human Life Protection Act, as the new statute is called, subjects a doctor who performs an abortion to as many as 99 years in prison. The law, enacted Wednesday, has no exceptions for rape or incest. It redefines an “unborn child, child or person” as “a human being, specifically including an unborn child in utero at any stage of development, regardless of viability.” We ought to take our laws seriously. Under the laws, people have all sorts of ...


The Impact Of H.B. 214: A Critical Analysis Of The Texas "Rape Insurance" Bill, Lucie Arvallo Apr 2019

The Impact Of H.B. 214: A Critical Analysis Of The Texas "Rape Insurance" Bill, Lucie Arvallo

St. Mary's Law Journal

Texas House Bill 214 (H.B. 214) is subject to challenge under the Supreme Court precedent protecting a woman’s right to choose. Passed in 2017, H.B. 214 regulates Texas insurance markets by prohibiting coverage for an elective abortion unless a woman affirmatively opts into such coverage through a separate contract and pays a separate premium. Similar restrictions on insurance coverage for elective abortion in other states have been met with mixed results in the courts. What sets H.B. 214 apart from other regulations of insurance coverage for abortion is that it does not include any exceptions for ...


The Impact Of Artificial Womb Technology On Abortion Jurisprudence, Julia Dalzell Apr 2019

The Impact Of Artificial Womb Technology On Abortion Jurisprudence, Julia Dalzell

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.


Abortion Talk, Clare Huntington Apr 2019

Abortion Talk, Clare Huntington

Michigan Law Review

Review of Carol Sanger's About Abortion: Terminating Pregnancy in Twenty-First-Century America.


Law In The Time Of Zika: Disability Rights And Reproductive Justice Collide, Seema Mohapatra Jan 2019

Law In The Time Of Zika: Disability Rights And Reproductive Justice Collide, Seema Mohapatra

Brooklyn Law Review

This article focuses on finding common ground between those seeking to ensure abortion access and those advocating for disability rights, using the reaction to the Zika virus as a case study. Although the symptoms of Zika in women were often mild, the correlation of Zika infection in pregnant women to microcephaly affecting their newborns led to travel advisories and alarm bells for pregnant women in areas where the Zika virus was prevalent. Although the rise of microcephaly and its connection to Zika was a cause for concern and investigation, the condition itself is not a death sentence, as headlines suggested ...


Judith Jarvis Thomson On Abortion; A Libertarian Perspective, Walter E. Block May 2018

Judith Jarvis Thomson On Abortion; A Libertarian Perspective, Walter E. Block

DePaul Journal of Health Care Law

Introduction:

Judith Jarvis Thompson, an eminent philosopher from MIT, has written the most widely cited article of all those ever written about abortion. She likens the fetus to a trespasser. Suppose you wake up in bed next to a famous violinist who is (innocently) connected to your kidney, through a sort of umbilical cord, without which he will die. What rights does he have? What obligations do you have? Using this brilliant analogy to pregnancy, she sheds light on the abortion controversy.

Method:

The method used in the present paper is to widely quote Thompson’s (1971) essay, and then ...


Finding A Right To Abortion Coverage: The Ppaca, Intersectionality, And Positive Rights, Courtney Olson Feb 2018

Finding A Right To Abortion Coverage: The Ppaca, Intersectionality, And Positive Rights, Courtney Olson

Seattle University Law Review

During a floor debate in 1976, Representative Henry Hyde explained, “I would certainly like to prevent, if I could legally, anybody having an abortion, a rich woman, a middle class woman, or a poor woman. Unfortunately, the only vehicle available is the [Medicaid] bill.” For a short time after the Supreme Court of the United States established the right to abortion in Roe v. Wade, Medicaid did not distinguish between coverage for abortion and other medical services. That all changed when Congress passed the Hyde Amendment to the Medicaid Act in 1976. This Note will argue that a right to ...


Will The Zika Virus Enable A Transplant Of Roe V. Wade To Brazil?, Amanda Greenberg Jan 2018

Will The Zika Virus Enable A Transplant Of Roe V. Wade To Brazil?, Amanda Greenberg

University of Miami Inter-American Law Review

No abstract provided.


Personhood Seeking New Life With Republican Control, Jonathan Will, I. Glenn Cohen, Eli Y. Adashi Jan 2018

Personhood Seeking New Life With Republican Control, Jonathan Will, I. Glenn Cohen, Eli Y. Adashi

Journal Articles

Just three days prior to the inauguration of Donald J. Trump as President of the United States, Representative Jody B. Hice (R-GA) introduced the Sanctity of Human Life Act (H R. 586), which, if enacted, would provide that the rights associated with legal personhood begin at fertilization. Then, in October 2017, the Department of Health and Human Services released its draft strategic plan, which identifies a core policy of protecting Americans at every stage of life, beginning at conception. While often touted as a means to outlaw abortion, protecting the "lives" of single-celled zygotes may also have implications for the ...


To Recognize The Tyranny Of Distance: A Spatial Reading Of Whole Women's Health V. Hellerstedt, Lisa R. Pruitt , Michele Statz Aug 2017

To Recognize The Tyranny Of Distance: A Spatial Reading Of Whole Women's Health V. Hellerstedt, Lisa R. Pruitt , Michele Statz

Lisa R Pruitt

            Distance—physical, material distance—is an obviously spatial concept, but one rarely engaged by legal or feminist geographers.  We take up this oversight in relation to the 2016 U.S. Supreme Court decision in Whole Woman’s Health v. Hellerstedt, which adjudicated the constitutionality of a Texas law that imposed new regulations on abortion providers.  Because half of the state’s abortion providers were unable to meet these regulations and thus closed, the distance that many Texas women had to travel for abortion services increased dramatically.  In part because of these increases, the Supreme Court ultimately determined that the Texas ...


Zika And The Failure To Act Under The Police Power, Jacqueline Fox May 2017

Zika And The Failure To Act Under The Police Power, Jacqueline Fox

Faculty Publications

Zika is a mosquito-borne and sexually transmitted disease that is a dangerous threat to pregnant women, causing catastrophic birth defects in a large percentage of fetuses when their mothers become infected while pregnant. It raises numerous issues related to abortion, birth control, poverty, and women’s control over their procreative choices. While the United States received ample warning from January 2016 onward that it was at risk of local transmission of this virus and public health officials at all levels generally behaved properly, the state and federal legislative responses in the summer of 2016 were entirely inadequate. For example, no ...


Unduly Burdening Women’S Health: How Lower Courts Are Undermining Whole Woman’S Health V. Hellerstedt, Litman M. Leah Jan 2017

Unduly Burdening Women’S Health: How Lower Courts Are Undermining Whole Woman’S Health V. Hellerstedt, Litman M. Leah

Michigan Law Review Online

At the end of the Supreme Court’s 2016 Term, the Court issued its decision in Whole Woman’s Health v. Hellerstedt. One of the more closely watched cases of that Term, Hellerstedt asked whether the Supreme Court would adhere to its prior decision in Planned Parenthood v. Casey, which reaffirmed that women have a constitutionally protected right to decide to end a pregnancy.

The state of Texas had not formally requested that the Court revisit Casey or the earlier decision Casey had affirmed, Roe v. Wade, in Hellerstedt. But that was what Texas was, in effect, asking the Court ...


The Abortion Closet (With A Note On Rules And Standards), David E. Pozen Jan 2017

The Abortion Closet (With A Note On Rules And Standards), David E. Pozen

Faculty Scholarship

An enormous amount of information and insight is packed into Carol Sanger's About Abortion: Terminating Pregnancy in Twenty-First Century America. The book is anchored in post-1973 American case law. Yet it repeatedly incorporates examples and ideas from popular culture, prior historical periods, moral philosophy, feminist theory, medicine, literature and the visual arts, and more.


Closets, Standards, Abortion: A Reply To Professor Pozen, Carol Sanger Jan 2017

Closets, Standards, Abortion: A Reply To Professor Pozen, Carol Sanger

Faculty Scholarship

I am grateful for David Pozen's thoughtful observations regarding About Abortion. They have sharpened my understanding of how to think about the problem of abortion – or more accurately, about how abortion is kept problematic – as a matter of law and of social practice. I invoke the word "problematic" to describe the cultural setting in which abortion sits: although the procedure is legal, common, and safe, it is often treated as though it were not legal, or barely so; not common, except perhaps for women and girls who have nothing to do with you; and not at all safe, but ...


The Abortion Closet (With A Note On Rules And Standards), David Pozen Jan 2017

The Abortion Closet (With A Note On Rules And Standards), David Pozen

Faculty Scholarship

This brief essay responds to Carol Sanger's book "About Abortion: Terminating Pregnancy in Twenty-First Century America." It draws out some implications of Sanger's arguments concerning abortion secrecy, abortion discourse, and the use of standards in constitutional abortion law.


Roe V. Wade: The Case That Changed Democracy, Adam Lamparello, Cynthia Swann Dec 2016

Roe V. Wade: The Case That Changed Democracy, Adam Lamparello, Cynthia Swann

Tennessee Journal of Race, Gender, & Social Justice

No abstract provided.


Public Reason, Abortion, And Cloning, John M. Finnis Oct 2016

Public Reason, Abortion, And Cloning, John M. Finnis

John M. Finnis

No abstract provided.


Science, Public Bioethics, And The Problem Of Integration, O. Carter Snead Aug 2016

Science, Public Bioethics, And The Problem Of Integration, O. Carter Snead

O. Carter Snead

Public bioethics — the governance of science, medicine, and biotechnology in the name of ethical goods — is an emerging area of American law. The field uniquely combines scientific knowledge, moral reasoning, and prudential judgments about democratic decision making. It has captured the attention of officials in every branch of government, as well as the American public itself. Public questions (such as those relating to the law of abortion, the federal funding of embryonic stem cell research, and the regulation of end-of-life decision making) continue to roil the public square. This Article examines the question of how scientific methods and principles can ...


Conscience Collisions: The Search For Public Policy Solutions To The Problem Of Doctrine In Medicine, Christina M. Claxton Apr 2016

Conscience Collisions: The Search For Public Policy Solutions To The Problem Of Doctrine In Medicine, Christina M. Claxton

Senior Theses and Projects

No abstract provided.


Expectant Fathers, Abortion, And Embryos, Dara Purvis Feb 2016

Expectant Fathers, Abortion, And Embryos, Dara Purvis

Dara Purvis

One thread of abortion criticism, arguing that gender equality requires that men be allowed to terminate legal parental status and obligations, has reinforced the stereotype of men as uninterested in fatherhood. As courts facing disputes over stored pre-embryos weigh the equities of allowing implantation of the pre-embryos, this same gender stereotype has been increasingly incorporated into a legal balancing test, leading to troubling implications for ART and family law.


Abortion, Informed Consent, And Regulatory Spillover, Katherine A. Shaw, Alex Stein Jan 2016

Abortion, Informed Consent, And Regulatory Spillover, Katherine A. Shaw, Alex Stein

Indiana Law Journal

The constitutional law of abortion stands on the untenable assumption that any state’s abortion regulations impact citizens of that state alone. On this understand-ing, the state’s boundaries demarcate the terrain on which women’s right to abortion clashes with state power to regulate that right.

This Article uncovers a previously unnoticed horizontal dimension of abortion regulation: the medical-malpractice penalties imposed upon doctors for failing to inform patients about abortion risks; the states’ power to define those risks, along with doctors’ informed-consent obligations and penalties; and, critically, the possi-bility that such standards might cross state lines. Planned Parenthood v ...


The Oliver C. Schroeder, Jr. Scholar-In-Residence Lecture: Sneaking Around The Constitution: Pretextual "Health" Laws And The Future Of Roe V. Wade, Nancy Northrup Jan 2016

The Oliver C. Schroeder, Jr. Scholar-In-Residence Lecture: Sneaking Around The Constitution: Pretextual "Health" Laws And The Future Of Roe V. Wade, Nancy Northrup

Health Matrix: The Journal of Law-Medicine

A speech delivered by Nancy Northup, President and chief executive officer (CEO) of the U.S. Center for Reproductive Rights. It discusses the consequences of the U.S. Supreme Court's decision in case 'Roe v. Wade' on pretextual health law.


The First Amendment And The Politics Of Reproductive Health Care, B. Jessie Hill Jan 2016

The First Amendment And The Politics Of Reproductive Health Care, B. Jessie Hill

Washington University Journal of Law & Policy

This article explores the detailed nuances of contraception and reproductive care as distinct and individual entities within the healthcare system as a whole. Hill discusses the relationship between the First Amendment and reproductive rights, highlighting the discrepancies in judicial opinions based on whether or not reproductive rights are considered essential or elective care. Hill closes with a defense of reproductive rights, advocating them as an essential component of care as opposed to an elective moral choice.


Minors, Parents, And Minor Parents, Maya Manian Dec 2015

Minors, Parents, And Minor Parents, Maya Manian

Maya Manian

As numerous scholars have noted, the law takes a strikingly incoherent approach to adolescent reproduction.  States overwhelmingly allow a teenage girl to independently consent to pregnancy care and medical treatment for her child, and even to give up her child for adoption, all without notice to her parents, but require parental notice or consent for abortion.  This Article argues that this oft-noted contradiction in the law on teenage reproductive decision-making is in fact not as contradictory as it first appears.  A closer look at the law’s apparently conflicting approaches to teenage abortion and teenage childbirth exposes common ground that ...


Unenumerated Rights And The Limits Of Analogy: A Critque Of The Right To Medical Self-Defense, O. Carter Snead Oct 2015

Unenumerated Rights And The Limits Of Analogy: A Critque Of The Right To Medical Self-Defense, O. Carter Snead

O. Carter Snead

Volokh’s project stands or falls with the claim that the entitlement he proposes is of constitutional dimension. If there is no fundamental right to medical self-defense, the individual must, for better or worse, yield to the regulation of this domain in the name of the values agreed to by the political branches of government. Indeed, the government routinely restricts the instrumentalities of self-help (including self-defense) in the name of avoiding what it takes to be more significant harms. This same rationale accounts for current governmental limitations on access to unapproved drugs and the current ban on organ sales. The ...


Section 8: Looking Ahead: Abortion And The Aca Contraception Mandate, Institute Of Bill Of Rights Law At The William & Mary Law School Sep 2015

Section 8: Looking Ahead: Abortion And The Aca Contraception Mandate, Institute Of Bill Of Rights Law At The William & Mary Law School

Supreme Court Preview

No abstract provided.


State Funding Of Nontherapeutic Abortions; Medicaid Plans; Equal Protection; Right To Choose An Abortion; Beal V. Doe, Maher V. Roe, Poelker V. Doe, Constance Leistiko Aug 2015

State Funding Of Nontherapeutic Abortions; Medicaid Plans; Equal Protection; Right To Choose An Abortion; Beal V. Doe, Maher V. Roe, Poelker V. Doe, Constance Leistiko

Akron Law Review

In Beal v. Doe the United States Supreme Court held that Title XIX of the Social Security Act permits but does not require states participating in the Medicaid program established by that Act to fund nontherapeutic abortions. In the companion cases of Maher v. Roe and Poelker v. Doe, the same majority held in Maher that the Equal Protection Clause does not require a state that funds childbirth and therapeutic abortions to also fund the costs of nontherapeutic abortions, and in Poelker, that the Constitution does not prohibit a state or city from forbidding the performance of elective abortions in ...


The Case Of Beatriz: An Outcry To Amend El Salvador’S Abortion Ban, Jonathan Alvarez Jul 2015

The Case Of Beatriz: An Outcry To Amend El Salvador’S Abortion Ban, Jonathan Alvarez

Pace International Law Review

This Note examines the evolution of El Salvador’s existing penal code, specifically focusing on the abortion legislation. Further, it examines the significance of The Case of Beatriz and it suggests reform for El Salvador’s government to include exceptions in their penal code, similar to exceptions available in the United States, to provide women with access to safe abortions in extreme circumstances. Part II will illustrate the struggle that women face in El Salvador. Part III will briefly explore the historical background of the current Penal Code, exclusively the abortion ban. Part IV will also discuss women’s rights ...


False Framings: The Co-Opting Of Sex-Selection By The Anti-Abortion Movement, Seema Mohapatra Jul 2015

False Framings: The Co-Opting Of Sex-Selection By The Anti-Abortion Movement, Seema Mohapatra

Faculty Scholarship

No abstract provided.