Articles on Abortion in the United States
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Personhood Seeking New Life with Republican Control Jonathan Will Mississippi College School of Law, [email protected]
Mississippi College School of Law MC Law Digital Commons Journal Articles Faculty Publications 2018 Personhood Seeking New Life with Republican Control Jonathan Will Mississippi College School of Law, [email protected] I. Glenn Cohen Harvard Law School, [email protected] Eli Y. Adashi Brown University, [email protected] Follow this and additional works at: https://dc.law.mc.edu/faculty-journals Part of the Health Law and Policy Commons Recommended Citation 93 Ind. L. J. 499 (2018). This Article is brought to you for free and open access by the Faculty Publications at MC Law Digital Commons. It has been accepted for inclusion in Journal Articles by an authorized administrator of MC Law Digital Commons. For more information, please contact [email protected]. Personhood Seeking New Life with Republican Control* JONATHAN F. WILL, JD, MA, 1. GLENN COHEN, JD & ELI Y. ADASHI, MD, MSt Just three days prior to the inaugurationof DonaldJ. Trump as President of the United States, Representative Jody B. Hice (R-GA) introducedthe Sanctity of Human Life Act (H R. 586), which, if enacted, would provide that the rights associatedwith legal personhood begin at fertilization. Then, in October 2017, the Department of Health and Human Services releasedits draft strategicplan, which identifies a core policy of protectingAmericans 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 implicationsfor the practice of reproductive medicine and research Indeedt such personhoodefforts stand apart anddistinct from more incre- mental attempts to restrictabortion that target the abortionprocedure and those who would perform it. -
Does the Fourteenth Amendment Prohibit Abortion?
PROTECTING PRENATAL PERSONS: DOES THE FOURTEENTH AMENDMENT PROHIBIT ABORTION? What should the legal status of human beings in utero be under an originalist interpretation of the Constitution? Other legal thinkers have explored whether a national “right to abortion” can be justified on originalist grounds.1 Assuming that it cannot, and that Roe v. Wade2 and Planned Parenthood of Southeastern Pennsylva- nia v. Casey3 were wrongly decided, only two other options are available. Should preborn human beings be considered legal “persons” within the meaning of the Fourteenth Amendment, or do states retain authority to make abortion policy? INTRODUCTION During initial arguments for Roe v. Wade, the state of Texas ar- gued that “the fetus is a ‘person’ within the language and mean- ing of the Fourteenth Amendment.”4 The Supreme Court rejected that conclusion. Nevertheless, it conceded that if prenatal “per- sonhood is established,” the case for a constitutional right to abor- tion “collapses, for the fetus’ right to life would then be guaran- teed specifically by the [Fourteenth] Amendment.”5 Justice Harry Blackmun, writing for the majority, observed that Texas could cite “no case . that holds that a fetus is a person within the meaning of the Fourteenth Amendment.”6 1. See Antonin Scalia, God’s Justice and Ours, 156 L. & JUST. - CHRISTIAN L. REV. 3, 4 (2006) (asserting that it cannot); Jack M. Balkin, Abortion and Original Meaning, 24 CONST. COMMENT. 291 (2007) (arguing that it can). 2. 410 U.S. 113 (1973). 3. 505 U.S. 833 (1992). 4. Roe, 410 U.S. at 156. Strangely, the state of Texas later balked from the impli- cations of this position by suggesting that abortion can “be best decided by a [state] legislature.” John D. -
The Partisan Trajectory of the American Pro-Life Movement: How a Liberal Catholic Campaign Became a Conservative Evangelical Cause
Religions 2015, 6, 451–475; doi:10.3390/rel6020451 OPEN ACCESS religions ISSN 2077-1444 www.mdpi.com/journal/religions Article The Partisan Trajectory of the American Pro-Life Movement: How a Liberal Catholic Campaign Became a Conservative Evangelical Cause Daniel K. Williams Department of History, University of West Georgia, 1601 Maple St., Carrollton, GA 30118, USA; E-Mail: [email protected]; Tel.: +1-678-839-6034 Academic Editor: Darren Dochuk Received: 25 February 2015 / Accepted: 3 April 2015 / Published: 16 April 2015 Abstract: This article employs a historical analysis of the religious composition of the pro-life movement to explain why the partisan identity of the movement shifted from the left to the right between the late 1960s and the 1980s. Many of the Catholics who formed the first anti-abortion organizations in the late 1960s were liberal Democrats who viewed their campaign to save the unborn as a rights-based movement that was fully in keeping with the principles of New Deal and Great Society liberalism, but when evangelical Protestants joined the movement in the late 1970s, they reframed the pro-life cause as a politically conservative campaign linked not to the ideology of human rights but to the politics of moral order and “family values.” This article explains why the Catholic effort to build a pro-life coalition of liberal Democrats failed after Roe v. Wade, why evangelicals became interested in the antiabortion movement, and why the evangelicals succeeded in their effort to rebrand the pro-life campaign as a conservative cause. Keywords: Pro-life; abortion; Catholic; evangelical; conservatism 1. -
Abortion: Judicial and Legislative Control
ABORTION: JU3ICIAL AND LEGISLATIVE CONTROL ISSUE BRIEF NUMEER IB74019 AUTHOR: Lewis, Karen J. American Law Division Rosenberg, Morton American Law Division Porter, Allison I. American Law Division THE LIBRARY OF CONGRESS CONGRESSIONAL RESEARCH SERVICE MAJOR ISSUES SYSTEM DATE ORIGINATED DATE UPDATED FOR ADDITIONAL INFORMATION CALL 287-5700 1013 CRS- 1 ISSUE DEFINITION In 1973 the U.S. Supreme Court held that the Constitution protects a woman's decision whether or not to terminate her pregnancy, Roe v. Wade, 410 U.S. 113, and that a State may not unduly burden the exercise of that fundamental right by regulations that prohibit or substantially limit access to the means of effectuating that decision, Doe v. Bolton, 410 U.S. 179. But rather than settling the issue, the Court's rwlings have kindled heated debate and precipitated a variety of governmental actions at the national, State and local levels designed either to nullify the rulings or hinder their effectuation. These governmental regalations have, in turn, spawned further litigation in which resulting judicial refinements in the law have been no more successful in dampening the controversy. Thus the 97th Congress promises to again be a forum for proposed legislation and constitutional amendments aimed at limiting or prohibiting the practice of abortion and 1981 will see Court dockets, including that of the Supreme Court, filled with an ample share of challenges to5State and local actions. BACKGROUND AND POLICY ANALYSIS The background section of this issue brief is organized under five categories, as follows: I. JUDICIAL HISTORY A. Development and Status of the Law Prior to 1973 B. -
Recent Developments in the Abortion Area
The Catholic Lawyer Volume 21 Number 4 Volume 21, Autumn 1975, Number 4 Article 7 Recent Developments in the Abortion Area Alfred L. Scanlan Follow this and additional works at: https://scholarship.law.stjohns.edu/tcl Part of the Catholic Studies Commons, and the Family, Life Course, and Society Commons This Diocesan Attorneys' Papers is brought to you for free and open access by the Journals at St. John's Law Scholarship Repository. It has been accepted for inclusion in The Catholic Lawyer by an authorized editor of St. John's Law Scholarship Repository. For more information, please contact [email protected]. RECENT DEVELOPMENTS IN THE ABORTION AREA ALFRED L. SCANLAN, ESQUIRE SHEA & GARDNER WASHINGTON, D.C. I. INTRODUCTION A. It is a pleasure, up to a point, to be invited to speak to the Diocesan Attorneys' meeting once again. 1. While this meeting is not, as Marsilius of Padua once said of a general council of the Church, "the gathered intellig- ence of Christiandom,' I nevertheless it is certainly the "gathered intelligence" of Catholic lawyers throughout the country. B. The subject assigned to me could have been presented by men more competent and experienced than myself. 1. Dennis Horan, Professors Noonan, Byrn, and Witherspoon, for example. 2. My own litigation experience and my recent function as general counsel to the National Committee for a Human Life Amendment, Inc. 3. I have attempted to keep reasonably conversant. Perhaps, in the words of Father John Courtney Murray to a young Jesuit, Charles Whelan: "It isn't that I understand it, but now I misunderstand it less." II. -
Personhood Amendments After Whole Woman's Health V. Hellerstedt Care, and in Vitro Fertilization
Case Western Reserve Law Review Volume 67 Issue 2 Article 5 2016 Personhood Amendments After Whole Woman’s Health v. Hellerstedt Steven R. Morrison Follow this and additional works at: https://scholarlycommons.law.case.edu/caselrev Part of the Law Commons Recommended Citation Steven R. Morrison, Personhood Amendments After Whole Woman’s Health v. Hellerstedt, 67 Case W. Rsrv. L. Rev. 447 (2016) Available at: https://scholarlycommons.law.case.edu/caselrev/vol67/iss2/5 This Article is brought to you for free and open access by the Student Journals at Case Western Reserve University School of Law Scholarly Commons. It has been accepted for inclusion in Case Western Reserve Law Review by an authorized administrator of Case Western Reserve University School of Law Scholarly Commons. Case Western Reserve Law Review·Volume 67·Issue 2·2016 Personhood Amendments After Whole Woman’s Health v. Hellerstedt Steven R. Morrison† Abstract Over the past six years, pro-life advocates have used Targeted Regulation of Abortion Provider (TRAP) laws and state-level consti- tutional personhood amendments to end abortion. The United States Supreme Court’s recent opinion in Whole Woman’s Health v. Hellerstedt suggests that the TRAP strategy will give way to a greater push for personhood amendments. This is so for three reasons. First, Whole Woman’s Health undermined the woman’s-health basis for TRAP laws and may encourage advocates to refocus their efforts on fetal rights. Second, Whole Woman’s Health limited the types of sta- tutes that can survive judicial scrutiny, but left constitutional amend- ments untouched. Third, with TRAP laws under attack, the pro-life movement’s only other sustained, institutional strategy is to push personhood amendments. -
The National Committee for a Human Life Amendment, Inc.: Its Goals and Origins
The Catholic Lawyer Volume 20 Number 4 Volume 20, Autumn 1974, Number 4 Article 3 The National Committee for a Human Life Amendment, Inc.: Its Goals and Origins Robert N. Lynch Follow this and additional works at: https://scholarship.law.stjohns.edu/tcl Part of the Catholic Studies Commons This Diocesan Attorneys' Papers is brought to you for free and open access by the Journals at St. John's Law Scholarship Repository. It has been accepted for inclusion in The Catholic Lawyer by an authorized editor of St. John's Law Scholarship Repository. For more information, please contact [email protected]. THE NATIONAL COMMITTEE FOR A HUMAN LIFE AMENDMENT, INC.: ITS GOALS AND ORIGINS ROBERT N. LYNCH* The National Committee for a Human Life Amendment, Inc., is a new organization which has been established by the nation's Catholic bishops for the single purpose of securing a constitutional amendment protecting the life of the unborn. While the need for such a committee is directly attributable to the 1973 decision of the United States Supreme Court and its consequent effects, the decision to form this organization was not made until the annual general meeting of bishops in November of 1973. At their November meeting, the bishops, after reflecting upon the activities and promise of all the various pro-life groups presently in exist- ence, decided that another group would be necessary to answer those crit- ics who had charged them with failure to provide leadership in the pro-life area. Borrowing upon the model which was utilized during the ultimately unsuccessful effort to secure federal income tax credits for the parents of nonpublic school children, and upon the advice of counsel and of the Gen- eral Counsel of the United States Catholic Conference, the bishops decided to establish a separate corporation which would meet the requirements of the Internal Revenue Code. -
Proposing a Shift in Focus Toward Demand-Side Anti-Abortion Advocacy Dylan Fink University of Mississippi
University of Mississippi eGrove Honors College (Sally McDonnell Barksdale Honors Theses Honors College) 5-6-2019 A Pro-Life Re-Alignment: Proposing a Shift in Focus Toward Demand-Side Anti-Abortion Advocacy Dylan Fink University of Mississippi Follow this and additional works at: https://egrove.olemiss.edu/hon_thesis Part of the History Commons, and the Public Affairs, Public Policy and Public Administration Commons Recommended Citation Fink, Dylan, "A Pro-Life Re-Alignment: Proposing a Shift in ocF us Toward Demand-Side Anti-Abortion Advocacy" (2019). Honors Theses. 1038. https://egrove.olemiss.edu/hon_thesis/1038 This Undergraduate Thesis is brought to you for free and open access by the Honors College (Sally McDonnell Barksdale Honors College) at eGrove. It has been accepted for inclusion in Honors Theses by an authorized administrator of eGrove. For more information, please contact [email protected]. A PRO-LIFE RE-ALIGNMENT: PROPOSING A SHIFT IN FOCUS TOWARD DEMAND-SIDE ANTI-ABORTION ADVOCACY by Dylan Patrick Fink A thesis submitted to the faculty of The University of Mississippi in partial fulfillment of the requirements of the Sally McDonnell Barksdale Honors College. Oxford May 2019 Approved by ___________________________________ Advisor: Professor Melissa Bass ___________________________________ Reader: Professor Jody Holland ___________________________________ Reader: Professor Thomas Garrett 1 © 2019 Dylan Patrick Fink ALL RIGHTS RESERVED 2 ABSTRACT DYLAN PATRICK FINK: A PRO-LIFE RE-ALIGNMENT: PROPOSING A SHIFT IN FOCUS TOWARD DEMAND-SIDE ANTI-ABORTION ADVOCACY The purpose of this thesis is to inspire a change in the conversation within the pro-life community and to create a new approach for anti-abortion proponents to use to reduce the number of abortions in the United States. -
Why State Personhood Amendments Should Be Part of the Profile Agenda
University of St. Thomas Journal of Law and Public Policy Volume 6 Issue 1 Fall 2011 Article 9 January 2011 Why State Personhood Amendments Should Be Part of the Profile Agenda T.J. Scott Follow this and additional works at: https://ir.stthomas.edu/ustjlpp Part of the Family Law Commons, and the Health Law and Policy Commons Recommended Citation T.J. Scott, Why State Personhood Amendments Should Be Part of the Profile Agenda, 6 U. ST. THOMAS J.L. & PUB. POL'Y 222 (2011). Available at: https://ir.stthomas.edu/ustjlpp/vol6/iss1/9 This Note is brought to you for free and open access by UST Research Online and the University of St. Thomas Journal of Law and Public Policy. For more information, please contact the Editor-in-Chief at [email protected]. WHY STATE PERSONHOOD AMENDMENTS SHOULD BE PART OF THE PROLIFE AGENDA T.J. SCOTT* I. INTRODUCTION .................................. ...... 223 II. THE ORIGIN OF THE ABORTION RIGHT AND THE "BLACKMUN HOLE" .............................. 225 A. The Premises and Conclusions in Roe v. Wade ...225 B. The "Blackmun Hole" and the Effects of a Personhood Amendment ........... ...... 230 III. PAST PERSONHOOD AMENDMENTS ...................... 233 A. Personhood Amendments Solely Defining "Person" ............................ 233 B. Personhood Statutes Defining "Human Being"...236 C. Legalistic Personhood Amendment ... ...... 238 D. Federal Personhood Amendment ................ 239 IV. THE AUTHOR'S MODEL PERSONHOOD AMENDMENT ............ 240 V. OTHER CONSIDERATIONS...........................243 A. A State Personhood Amendment is the Appropriate Forum for Deciding the Abortion Issue....................... ........ 243 1. Although the Right to Life is a Natural, Inherent Right, Abortion is Rightly Governed by the State ...243 2. -
Human Life Review
the HUMAN LIFE REVIEW SUMMER 2003 Featured in this issue: Ellen Wilson Fielding on Breeding Contempt Maria McFadden on The Story of Us Mary Ann Glendon on The Women ofRoe David Quinn on The Eurocrats Are Coming Lori Brannigan Kelly on Pro-Life on Campus Randy Boyagoda on Pro-Life, Pro-Choice, Pronouns Mary Meehan on Democrats for Life Also in this issue: Hadley Arkes • Maggie Gallagher • Patrick Buchanan Kathleen Parker • Wesley J. Smith • Kathryn Jean Lopez Published by: The Human Life Foundation, Inc. New York, New York Vol. XXIX No.3 $7.00 a copy ABOUT THIS ISSUE ... ... the disconnect between hard-wired abortion elites and what an old Apple Computer ad campaign memorably called "the rest of us" is reaching grotesque proportions. A July 2 story in the Washington Times, for example, reported that "fifty-one percent ofwomen surveyed by the Center for the Advancement ofWomen [headed up by former Planned Parenthood president Faye Wattleton] said the gov ernment should prohibit abortion or limit it to extreme cases, such as rape, incest, or life-threatening complications" (my emphasis). But that didn't stop the New York Times from branding David Pryor, the pro-life attorney general of Alabama and Bush federal court nominee, an "extremist," whose views "fall far outside the political and legal mainstream" (July 23). To New York Times editors, and Senate Democrats now filibustering Pryor's nomination, "mainstream" means partial-birth abortion. How did it come to this? Long-time contributor (and political indepen dent) Mary Meehan reminds us that pro-lifers once held real power in the Demo cratic Party; they are not, she suggests, totally without blame for its having become the party of abortion ("Democrats for Life," page 63). -
Reproductive Injustice in the New Millennium
William & Mary Journal of Race, Gender, and Social Justice Volume 20 (2013-2014) Issue 1 William & Mary Journal of Women and the Law: 2013 Special Issue: Reproductive Article 7 Justice December 2013 Reproductive Injustice in the New Millennium Sybil Shainwald Follow this and additional works at: https://scholarship.law.wm.edu/wmjowl Part of the Constitutional Law Commons, and the Law and Gender Commons Repository Citation Sybil Shainwald, Reproductive Injustice in the New Millennium, 20 Wm. & Mary J. Women & L. 123 (2013), https://scholarship.law.wm.edu/wmjowl/vol20/iss1/7 Copyright c 2013 by the authors. This article is brought to you by the William & Mary Law School Scholarship Repository. https://scholarship.law.wm.edu/wmjowl REPRODUCTIVE INJUSTICE IN THE NEW MILLENNIUM SYBIL SHAINWALD* INTRODUCTION I. COMMON LAW, THE EARLY STATUTES, AND THE EMBERS OF REFORM A. Legal Abortions (c. 1250–1803) B. Abortion Becomes a Crime: The Birth of Anti-Abortion Legislation (1803–1900) C. Abortion is Illegal (1900–1960) II. THE TIDE CHANGES A. The Liberalization Movement (1960–1973) B. The Decision in Roe and its Aftermath (1973–1982) C. Twenty-Five Years of Legal Abortions (1982–2007) III. A CONSTITUTIONAL ANALYSIS OF RECENT STATE RESTRICTIONS ON ABORTION RIGHTS CONCLUSION INTRODUCTION Recent attempts to curb abortion rights through enactment of new, restrictive regulations have sparked fresh debate, and the need to learn from history, rather than be “condemned to repeat it.”1 Forty- three new abortion restrictions were passed by nineteen states in 2012.2 The previous year, a staggering ninety-two restrictions were * Sybil Shainwald graduated from the College of William & Mary (B.A. -
Republican National Committee Chairman Reince Priebus
REPUBLICAN PLATFORM 2016 HHHHHHH HHHHHH We dedicate this platform with admiration and gratitude H H H H H To all who stand strong in the face of danger So that the American people may be protected against it — The men and women of our military, of our law enforcement, and the first responders of every community in our land — And to their families. Paid for by the Committee on Arrangements for the 2016 Republican National Convention Not Authorized By Any Candidate Or Candidate’s Committee www.gopconvention2016.com • REPUBLICAN PLATFORM 2016 • Preamble With this platform, we the Republican Party reaffirm the principles that unite us in a common purpose. We believe in American exceptionalism. American people are optimistic. We believe the United States of America is This platform lays out — in clear language — the unlike any other nation on earth. path to making America great and united again. We believe America is exceptional because of For the past 8 years America has been led in the our historic role — first as refuge, then as defender, wrong direction. and now as exemplar of liberty for the world to see. Our economy has become unnecessarily weak We affirm — as did the Declaration of with stagnant wages. People living paycheck to Independence: that all are created equal, endowed paycheck are struggling, sacrificing, and suffering. by their Creator with inalienable rights of life, liberty, Americans have earned and deserve a strong and the pursuit of happiness. and healthy economy. We believe in the Constitution as our founding Our standing in world affairs has declined document.