ALTERNATIVE ABORTION NARRATIVES in NEW MEXICO Abigail Adams
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App. 1 435 F.3D 1337 Sandra CANO, F.K.A. Mary Doe, Plaintiff-Appellant, Peter G. Bourne, Et Al., Plaintiffs, V. Thurbert E. BAKE
App. 1 435 F.3d 1337 Sandra CANO, f.k.a. Mary Doe, Plaintiff-Appellant, Peter G. Bourne, et al., Plaintiffs, v. Thurbert E. BAKER, Attorney General of the State of Georgia, Paul L. Howard, Jr., District Attorney of Fulton County, Georgia, Richard Pennington, Chief of Police of the City of Atlanta, Defendants-Appellees. No. 05-11641 Non-Argument Calendar. United States Court of Appeals Eleventh Circuit. Jan. 11, 2006. Appeal from the United States District Court for the Northern District of Georgia. Before ANDERSON, HULL and RONEY, Circuit Judges. PER CURIAM: Plaintiff Sandra Cano, then known as “Mary Doe,” filed a class action lawsuit in 1970 against the Georgia Attorney General, and several other Georgia state and local officials attacking the constitutionality of, and seeking to enjoin the enforcement of, Georgia’s Abortion Act, Ga.Code Ann. § 26-1201 et seq. (1969). On July 31, 1970, a three-judge panel in the district court issued an order holding that portions of the Act, which set forth certain procedures a women needed to follow in order to App. 2 obtain an abortion in Georgia, violated plaintiff ’s constitu- tional rights and granted her declaratory relief. See Doe v. Bolton, 319 F.Supp. 1048, 1056-57 (N.D.Ga.1970). Other than Cano, all other plaintiffs to the original action were dismissed. On January 22, 1973, the Supreme Court issued its order in this case as a companion case to its seminal decision in Roe v. Wade, 410 U.S. 113, 93 S.Ct. 705, 35 L.Ed.2d 147 (1973), affirming the order of the three-judge district court with some modifications. -
Brooke Mcgee* Beginning at Dawn, Jane Drives Over 450 Miles from Her Small Town of Buffalo, South Dakota to Sioux Falls, South D
\\jciprod01\productn\G\GMC\27-1\GMC101.txt unknown Seq: 1 28-NOV-16 15:08 PREGNANCY AS PUNISHMENT FOR LOW-INCOME SEXUAL ASSAULT VICTIMS: AN ANALYSIS OF SOUTH DAKOTA’S DENIAL OF MEDICAID-FUNDED ABORTION FOR RAPE AND INCEST VICTIMS AND WHY THE HYDE AMENDMENT MUST BE REPEALED Brooke McGee* INTRODUCTION Beginning at dawn, Jane drives over 450 miles from her small town of Buffalo, South Dakota to Sioux Falls, South Dakota to obtain an abortion for an unintended pregnancy. Spending over seven hours in her car without a break, Jane arrives at the only clinic that offers abortion services in the state. Once there, she meets with the doctor scheduled to perform the abortion. Under state law, the doctor and Jane discuss several items before she can obtain the abortion. The doctor warns Jane that the “abortion will terminate the life of a whole, separate, unique, living human being,” “that by having an abortion, her existing relationship and her existing constitutional rights with regards to that relationship will be terminated,” and that the medical risks associated with the procedure include suicide and infertility.1 Once the doctor confirms Jane has not been coerced into having an abortion and performs an exam, Jane must wait seventy-two hours before she is allowed to return to the clinic for the procedure.2 During the seventy-two-hour waiting period, Jane debates whether to make the 450 mile drive back home, in which case she would have to turn around in two days to make the same long drive, * George Mason University, J.D. -
Constitutional Conflict and the Spread of Woman-Protective Anti-Abortion
Lectures THE RIGHT’S REASONS: CONSTITUTIONAL CONFLICT AND THE SPREAD OF WOMAN- PROTECTIVE ANTIABORTION ARGUMENT REVA B. SIEGEL† INTRODUCTION In Gonzales v. Carhart,1 the Supreme Court upheld the Partial- Birth Abortion Ban Act,2 emphasizing that government may regulate the methods employed to perform an abortion “to show its profound respect for the life within the woman”3 and to vindicate the interest in protecting potential life first recognized in Roe v. Wade.4 Carhart discussed an additional justification for restricting abortion—to protect women as well as the unborn: Whether to have an abortion requires a difficult and painful moral decision. Casey, supra, at 852-853 (opinion of the Court). While we find no reliable data to measure the phenomenon, it seems unexceptionable to conclude some women come to regret their choice to abort the infant life they once created and sustained. See Brief for Sandra Cano et al. as Amici Curiae in No. 05-380, pp. 22– 24. Severe depression and loss of esteem can follow. See ibid. Copyright © 2008 by Reva B. Siegel. † Nicholas deB. Katzenbach Professor of Law, Yale University. This Lecture was given as the 2007 Brainerd Currie Lecture at Duke Law School and benefited from lively discussion on that occasion. I am grateful to Bruce Ackerman, Kris Collins, Denny Curtis, Ariela Dubler, Sarah Hammond, Serena Mayeri, Joel Paul, Judith Resnik, Casey Pitts, and Robert Post, as well as participants in the faculty workshops at Columbia Law School, Washington University School of Law, University of Pennsylvania Law School, and U.C. Hastings College of Law, for comments on the manuscript. -
1 the Rhetorics of Us Abortion
The Rhetorics of U.S. Abortion Narratives: Thematic Continuities, Shifting Applications and Political Strategies, 1969-Present Item Type text; Electronic Thesis Authors Thomsen, Carly Ann Publisher The University of Arizona. Rights Copyright © is held by the author. Digital access to this material is made possible by the University Libraries, University of Arizona. Further transmission, reproduction or presentation (such as public display or performance) of protected items is prohibited except with permission of the author. Download date 01/10/2021 03:37:11 Link to Item http://hdl.handle.net/10150/193463 1 THE RHETORICS OF U.S. ABORTION NARRATIVES: THEMATIC CONTINUITIES, SHIFTING APPLICATIONS AND POLITICAL STRATEGIES, 1969-PRESENT by Carly Ann Thomsen ________________________ A Thesis Submitted to the Faculty of the DEPARTMENT OF WOMEN’S STUDIES In Partial Fulfillment of the Requirements For the Degree of MASTER OF ARTS In the Graduate College THE UNIVERSITY OF ARIZONA 2008 2 STATEMENT BY AUTHOR This thesis has been submitted in partial fulfillment of requirements for an advanced degree at the University of Arizona and is deposited in the University Library to be made available to borrowers under rules of the Library. Brief quotations from this thesis are allowable without special permission, provided that accurate acknowledgement of source is made. Requests for permission for extended quotation from or reproduction of this manuscript in whole or in part may be granted by the head of the major department or the Dean of the Graduate College when in his or her judgment the proposed use of the material is in the interests of scholarship. In all other instances, however, permission must be obtained from the author. -
Reproductive Rights Under Attack: Can the Fundamentals of Roe Survive? Cheryl E
North Carolina Central University Science & Intellectual Property Law Review Volume 8 | Issue 1 Article 1 4-1-2015 Reproductive Rights Under Attack: Can the Fundamentals of Roe Survive? Cheryl E. Amana-Burris J.D., L.L.M. Follow this and additional works at: https://archives.law.nccu.edu/siplr Part of the Health Law and Policy Commons, and the Human Rights Law Commons Recommended Citation Amana-Burris, Cheryl E. J.D., L.L.M. (2015) "Reproductive Rights Under Attack: Can the Fundamentals of Roe Survive?," North Carolina Central University Science & Intellectual Property Law Review: Vol. 8 : Iss. 1 , Article 1. Available at: https://archives.law.nccu.edu/siplr/vol8/iss1/1 This Articles is brought to you for free and open access by History and Scholarship Digital Archives. It has been accepted for inclusion in North Carolina Central University Science & Intellectual Property Law Review by an authorized editor of History and Scholarship Digital Archives. For more information, please contact [email protected]. REPRODUCTIVE RIGHTS UNDER ATTACK: CAN THE FUNDAMENTALS OF ROE SURVIVE? PROFESSOR CHERYL E. AMANA BURRIS* INTRODUCTION More than forty years since the United States Supreme Court recognized a woman’s constitutional right to choose whether or not to terminate a pregnancy in the polestar case of Roe v. Wade,1 women’s reproductive rights are under attack in ways that are unprecedented. We see efforts to limit access continue at a frightening pace. From specific restrictions under state and federal statutes to ongoing legal challenges, abortion and repro- ductive rights jurisprudence is being shaped by changes in which the ulti- mate goal is to ensure that abortion is not an option. -
Dignity and the Politics of Protection: Abortion Restrictions Under Casey/Carhart Abstract
1694.SIEGEL.1800.DOC 9/21/2008 10:30 PM Reva b. siegel Dignity and the Politics of Protection: Abortion Restrictions Under Casey/Carhart abstract. This essay on the law and politics of abortion analyzes the constitutional principles governing new challenges to Roe. The essay situates the Court’s recent decision in Gonzales v. Carhart in debates of the antiabortion movement over the reach and rationale of statutes designed to overturn Roe—exploring strategic considerations that lead advocates to favor incremental restrictions over bans, and to supplement fetal-protective justifications with woman- protective justifications for regulating abortion. The essay argues that a multi-faceted commitment to dignity links Carhart and the Casey decision on which it centrally relies. Dignity is a value that bridges communities divided in the abortion debate, as well as diverse bodies of constitutional and human rights law. Carhart invokes dignity as a reason for regulating abortion, while Casey invokes dignity as a reason for protecting women’s abortion decisions from government regulation. This dignity-based analysis of Casey/Carhart offers principles for determining the constitutionality of woman-protective abortion restrictions that are grounded in a large body of substantive due process and equal protection case law. Protecting women can violate women’s dignity if protection is based on stereotypical assumptions about women’s capacities and women’s roles, as many of the new woman-protective abortion restrictions are. Like old forms of gender paternalism, the new forms of gender paternalism remedy harm to women through the control of women. The new woman-protective abortion restrictions do not provide women in need what they need: they do not alleviate the social conditions that contribute to unwanted pregnancies, nor do they provide social resources to help women who choose to end pregnancies they otherwise might bring to term. -
Abortion Restrictions Under Casey/Carhart
TH AL LAW JORAL REVA B. SIEGEL Dignity and the Politics of Protection: Abortion Restrictions Under Casey/Carhart ABSTRACT. This essay on the law and politics of abortion analyzes the constitutional principles governing new challenges to Roe. The essay situates the Court's recent decision in Gonzales v. Carhartin debates of the antiabortion movement over the reach and rationale of statutes designed to overturn Roe exploring strategic considerations that lead advocates to favor incremental restrictions over bans, and to supplement fetal-protective justifications with woman- protective justifications for regulating abortion. The essay argues that a multi-faceted commitment to dignity links Carhartand the Casey decision on which it centrally relies. Dignity is a value that bridges communities divided in the abortion debate, as well as diverse bodies of constitutional and human rights law. Carhartinvokes dignity as a reason for regulating abortion, while Casey invokes dignity as a reason for protecting women's abortion decisions from government regulation. This dignity-based analysis of Casey/Carhartoffers principles for determining the constitutionality of woman-protective abortion restrictions that are grounded in a large body of substantive due process and equal protection case law. Protecting women can violate women's dignity if protection is based on stereotypical assumptions about women's capacities and women's roles, as many of the new woman-protective abortion restrictions are. Like old forms of gender paternalism, the new forms of gender paternalism remedy harm to women through the control of women. The new woman-protective abortion restrictions do not provide women in need what they need: they do not alleviate the social conditions that contribute to unwanted pregnancies, nor do they provide social resources to help women who choose to end pregnancies they otherwise might bring to term. -
The Abortion Burden Examining Abortion Access, Undue Burden and Supreme Court Rulings in the United States
THE ABORTION BURDEN EXAMINING ABORTION ACCESS, UNDUE BURDEN AND SUPREME COURT RULINGS IN THE UNITED STATES TYLER SLOAN OBERLIN COLLEGE CLASS OF 2017 POLITICS DEPARTMENT HONORS THESIS APRIL 2017 CONTENTS Key Terms Page 3 Court Personnel Page 4 Introduction Page 6 I. Contextualizing Abortion Access and Roe v. Wade Abortion in the United States from 1800–1973 Page 8 II. Building Undue Burden: The Court on Abortion from 1973–1990 Roe v. Wade (1973) Page 13 Planned Parenthood v. Danforth (1976) Page 17 Harris v. McRae (1980) Page 21 Akron v. Akron Center for Reproductive Health (1983) Page 25 Hodgson v. Minnesota (1990) Page 31 III. How Casey Shaped Modern Abortion Access: Landmark Rulings from 1992–2016 Planned Parenthood v. Casey (1992) Page 33 Stenberg v. Carhart (2000) Page 42 Gonzales v. Carhart, Planned Parenthood Federation of America (2007) Page 45 Whole Woman’s Health v. Hellerstedt (2016) Page 49 IV. On the Ground: Examining Undue Burden in the States Current State of National Abortion Access Page 53 Oregon’s Progressive Approach to Abortion Page 59 South Dakota and Its Accessibility Problem Page 62 V. Conclusion Scrutinizing Undue Burden Page 66 2 COURT PERSONNEL Source: oyez.com 3 Source: oyez.com 4 KEY TERMS Declaratory Relief: Declaratory relief refers to a judgment of a court that determines the rights of parties without ordering anything be done or awarding damages. By seeking a declaratory judgment, the party making the request is seeking for an official declaration of the status of a matter in controversy. Fifth Amendment: -
UNIVERSITY of CALIFORNIA, SAN DIEGO Constructing
UNIVERSITY OF CALIFORNIA, SAN DIEGO Constructing Abortion’s Second Victim: Science and Politics in the Contemporary Antiabortion Movement A dissertation submitted in partial satisfaction of the requirements for the degree of Doctor of Philosophy in Sociology (Science Studies) by April Nicole Huff Committee in charge: Professor Jeffrey Haydu, Chair Professor Steven Epstein, Co-Chair Professor Lisa Cartwright Professor David Serlin Professor Charles Thorpe 2014 Copyright April Nicole Huff, 2014 All Rights Reserved The Dissertation of April Nicole Huff is approved, and it is acceptable in quality and form for publication on microfilm and electronically: Co-Chair Chair University of California, San Diego 2014 iii TABLE OF CONTENTS Signature Page ............................................................................................................... iii Table of Contents .......................................................................................................... iv List of Tables ................................................................................................................ vii Acknowledgements ..................................................................................................... viii Vita ................................................................................................................................. x Abstract of the Dissertation ........................................................................................... xi Introduction ...................................................................................................................