How Will Recent Abortion Legislation Affect Women's Health?

Total Page：16

File Type：pdf, Size：1020Kb

How Will Recent Abortion Legislation Affect Women’s Health? Limits on abortion may further increase U.S. maternal morbidity and mortality. egislation passed this year in several states would sig- Lnificantly curtail a woman’s ability to obtain an abortion. Six states this year—Georgia, Ken- tucky, Louisiana, Mississippi, Mis- souri, and Ohio—ban abortion after detection of a fetal heartbeat, effectively at six to eight weeks of pregnancy. A seventh state, Ala- bama, permits abortion only to save a woman’s life; abortions for any other reason are crimes pun- ishable by imprisonment for those who provide them. And Georgia grants legal “personhood” status to fertilized embryos. None of these laws have taken effect and all are being challenged Georgia governor Brian Kemp signs HB 481, the “heartbeat bill,” on May 7 in Atlanta, in court. Should these lawsuits setting the stage for a legal battle as the state attempts to outlaw most abortions af- reach the Supreme Court and re- ter about six weeks of pregnancy. Photo by Bob Andres / Atlanta Journal-Constitution sult in overturning Roe v. Wade, via Associated Press. the federal law that currently grants women the right to terminate preg- nancies, the consequences could In the United States, oral mi- egg, which the Georgia statute have an effect on all U.S. women soprostol and mifepristone are deems a person. Might this, there- and their families. Advocates for Food and Drug Administration– fore, make IUDs unavailable to maintaining the law contend that approved medications to safely in- women residing in Georgia? When health risks from unwanted preg- duce abortion in the first 12 weeks pregnant patients present with nancies would likely fall dispropor- of pregnancy. Self-managed abor- vaginal bleeding, might clinicians tionately on poor and marginalized tion at home, when using approved decline to help for fear of prose- women, including women of color, abortion-inducing pills without cution? And might women with immigrants, minors, and women clinical supervision, has been vaginal bleeding—which can in- living in rural areas. deemed safe and effective by the dicate fibroid tumors or cancer in In regions where abortion is il- World Health Organization. Ad- ad dition to pregnancy problems legal or unavailable, studies show vice is available from telemedicine such as miscarriage—delay seek- that women tend to seek unsafe programs and websites that offer ing medical help?—Joan Zolot, or illegal abortions or try to in- online protocols for use of abortion PA duce abortion by ingesting herbs medications. or inflicting trauma to the abdo- Many questions remain about men. Up to 13% of maternal the broader impact of each of the Got News? deaths worldwide are attributable recently passed state abortion to clandestine or unsafe abortions, bans, should they take effect. For Send leads for stories about which carry the risk of complica- example, the contraceptive intra- nursing practice or issues to tions, including hemorrhage, in- uterine device (IUD) acts by pre- [email protected]. fection, sepsis, trauma, and death. venting implantation of a fertilized [email protected] AJN ▼ August 2019 ▼ Vol. 119, No. 8 15.

Copy Link

Recommended publications

DAVID S. COHEN Drexel University Thomas R
DAVID S. COHEN Drexel University Thomas R. Kline School of Law 3320 Market St. Philadelphia, PA 19104 (215)571-4714 [email protected] TEACHING EXPERIENCE DREXEL UNIVERSITY THOMAS R. KLINE SCHOOL OF LAW, Philadelphia, PA 2006-current Professor of Law Teach Constitutional Law courses and Sex, Gender, and the Law. AWARDS: Dean Jennifer L. Rosato Excellence in the Classroom Award (2009, 2010, 2012, 2015, 2016) Abortion Care Network Person of the Year (2016) Center for Reproductive Rights Innovation in Scholarship Award (2015) UNIVERSITY OF PENNSYLVANIA LAW SCHOOL, Philadelphia, PA 2003-06 Lecturer-in-Law Taught upper-level seminar each spring entitled “Sex Discrimination and the Law.” UNIVERSITY OF PENNSYLVANIA, Philadelphia, PA 2004-05 Adjunct Professor Taught undergraduate seminar each fall entitled “Law and Social Policy of Sex and Reproduction.” LONG ISLAND UNIVERSITY, Brooklyn, NY 2000-01 Adjunct Assistant Professor Developed and taught graduate-level political science classes entitled “The American Constitution and Political System” and “Current Topics in Law and Politics.” EDUCATION COLUMBIA UNIVERSITY SCHOOL OF LAW, J.D. 1997 Honors: Harlan Fiske Stone Scholar, 1994-97 Public Interest Commitment Award Columbia Human Rights Fellowship Activities: Columbia Human Rights Law Review, Managing Editor/Head Articles Editor Columbia Journal of Gender and Law, Articles Editor Professor Kimberlé Crenshaw, Research Assistant DARTMOUTH COLLEGE, B.A. in Philosophy with Women’s Studies minor, 1994 JUDICIAL CLERKSHIPS U.S. COURT OF APPEALS, NINTH CIRCUIT, Santa Ana, CA 1998-99 Judicial Law Clerk for the Honorable Warren J. Ferguson 1 SUPREME COURT OF NEW JERSEY, Trenton, NJ 1997-98 Judicial Law Clerk for the Honorable Alan B.
[Show full text]
Texas Heartbeat Law
Texas Heartbeat Law Learn about the new pro-life law protecting the unborn in Texas. The Texas Heartbeat Bill, SB 8, passed the Texas Legislature with bipartisan support and was signed into law by Gov. Greg Abbott on May 19, 2021. This new law requires physicians to check for a baby’s heartbeat and inform the mother if the presence of a heartbeat is detected. Once a heartbeat is detected, the doctor must take all necessary steps to protect the life of the child. Texas Heartbeat Law Overview: How is Texas’ heartbeat law different from other states? • Requires physicians to check for a baby’s The legislation enacting this law was drafted in a manner to prevent heartbeat and inform the mother if the anyone from suing the state or its officials to enjoin (stop) the presence of a heartbeat is detected. enforcement of the statute. The law’s strength lies in the fact that it is • Once a heartbeat is detected, the doctor entirely enforceable by private citizens. Without a duty to enforce the must take all necessary steps to protect statute, courts cannot preemptively prevent officers of the state from the life of the child. enforcing it. • Creates civil liability for aiding and How early can you detect a baby’s heartbeat? abetting an abortion. • Relies on civil enforcement of the law by Current technology can detect baby’s beating heart between 6-12 citizens, making it virtually impossible for a weeks. Texas law previously allowed for abortions as late as 20 weeks. court to strike down the law as “unconstitutional.” How can this bill ban abortion in Texas when Roe v.
[Show full text]
Introduction
Arsakeia-Tositseia Schools Model United Nations 2019 Committee: Economic and Social Council Issue: Ensuring access to legal abortion services Student Officer: IoannaFlessa Position: Deputy President INTRODUCTION Dear delegates, ECOSOC’s third topic is one of the most controversial and complex issues of our era. Formerly, abortion without medical necessity was considered as an illegal action which was chastened by the law. However, people’s concept changed throughout the years and medical abortions were legalized under certain circumstances. Nowadays, the topic of abortions is a subject of ongoing debate with many people having different opinions on the matter. This study guide will provide you with a very good starting point for your research. However, it is extremely important that you do your own research as well, regarding your country’s policy. Should you have any questions on the topic or the conference in general, feel free to contact me via email ([email protected]) or my Facebook account (IoannaFlessa). I hope that this experience will be special and enlightening for you and I am looking forward to meeting and working with all of you at the conference! Kind regards, Ioanna Flessa 1 Arsakeia-Tositseia Schools Model United Nations 2019 Important note from the chairs’ team In order for the chairs to fully understand the dynamics of the committee, discovering any misunderstanding prior to the debate and for the better preparation of the delegates you are asked to proceed as indicated below; 1) Conduct your chairs via email and informing them about your mun experience so that they can know what exactly to expect of you.
[Show full text]
January 14, 2019 Members of the Human Rights Committee Office Of
January 14, 2019 Members of the Human Rights Committee Office of the United Nations High Commissioner for Human Rights Palais Wilson 52 rue des Pâquis CH-1201 Geneva, Switzerland Suggested List of Issues to Country Report Task Force on the United States for the 125th Session of the Human Rights Committee, 4-29 March 2019 The undersigned reproductive rights and justice and human rights organizations submit this suggested List of Issues to the Human Rights Committee (HRC) in preparation for the meeting of the Country Task Force on the United States during its 125th Session. This submission identifies seven reproductive rights and justice1 issues for the HRC to consider as it prepares its List of Issues for the review of the United States: (1) restrictive abortion laws (2) racial disparities in maternal health outcomes (3) permitting denial of reproductive health care based on one’s religious or moral beliefs (4) discrimination against immigrant women in accessing affordable health care (5) criminalization of pregnancy and pregnancy outcomes (6) treatment of women in detention (7) impact of the Mexico City Policy, or Global Gag Rule, on global reproductive health These policies and practices implicate a range of rights protected by the ICCPR, including the rights to: non-discrimination (Article 2); equality between men and women (Article 3); life (Article 6); freedom from torture and cruel, inhuman and degrading treatment (Article 7); privacy (Article 17); freedom of thought, conscience, religion and belief (Article 18); freedom of expression and opinion (Article 19); and equality before the law (Article 26). Signed, Abortion Care Network Amnesty International Black Mamas Matter Alliance Center for Reproductive Rights The City University of New York Law School, Human Rights and Gender Justice Clinic In Our Own Voice National Advocates for Pregnant Women National Asian Pacific American Women’s Forum National Latina Institute for Reproductive Health SIA Legal Team SisterSong, Women of Color Reproductive Justice Collective Abortion Access (Articles 2, 3, 6, 17) 1.
[Show full text]
'Heartbeat Bill Does Not Establish Justice for All Human Beings at Fertilization'
Columbia Christians for Life ( CCL ) aka Christians for Life and Liberty ( CLL ) Columbia, South Carolina March 22, 2019 / Revised March 25, 2019 ( Audio / Transcript / Report ) 'Heartbeat Bill does not establish justice for all human beings at fertilization': Christian pro-life missionary testifies against incremental 'Heartbeat' Bill at SC House Judiciary Subcommittee Hearing - March 21, 2019 The SC House Judiciary Constitutional Laws Subcommittee heard from several speakers in the Hearing conducted Thursday, March 21, scheduled for 9am. However, since not all those who signed up were given an opportunity to speak before the Subcommittee's time expired, no vote was taken on the H3020 Fetal Heartbeat Bill, and a future Subcommittee Hearing is planned for additional speakers to be heard. _________________________________________________________________________________________________________ _________________________________________________________________________________________________________ Public Hearing H3020 Fetal Heartbeat Bill Constitutional Laws Subcommittee SC House Judiciary Committee Blatt House Office Building, Rm 516, 9 AM March 21, 2019 Photo: Testifying: Dr. David Sealy, MD, Greenwood, SC Constitutional Laws Subcommittee Members: Rep Weston Newton (R) - Chairman of ConLaws Subcomm Rep Peter McCoy (R) - Member of ConLaws Subcomm; Chairman of full Judiciary Comm Rep Russell Fry (R) Rep Mandy Norrell (D) Rep William Wheeler (D) The State ( Columbia, SC ) South Carolina lawmakers mull fetal heartbeat abortion bill https://www.thestate.com/news/state/south-carolina/article228223324.html MARCH 21, 2019 [ CCL: Emphasis added ] COLUMBIA, S.C. - Members of a South Carolina House subcommittee considered legislation on Thursday that would ban abortions once a fetal heartbeat is detected, about six weeks into pregnancy. The subcommittee heard testimony about a proposal to require medical professionals to test for a detectable heartbeat before any abortion is performed.
[Show full text]
Life, Heartbeat, Birth: a Medical Basis for Reform
Life, Heartbeat, Birth: A Medical Basis for Reform DAVID F. FORTE* TABLE OF CONTENTS 1. INTRODUCTION ............................................... 121 II. THE STATUS OF MEDICAL RESEARCH IN ROE V. WADE .................. 123 III. CASEY'S MODIFICATION OF ROE. ...................... ...... 129 IV. THE VIABILITY STANDARD: STATE LEGISLATION . ............. 133 V. THE VIABILITY STANDARD: DEFINITION...................... 135 VI. THE VIABILITY STANDARD: THE RATIONALE ................. 137 VII. AN ALTERNATIVE: HEARTBEAT.............................. 140 VIII. CONCLUSION. .................................. ......... 146 I. INTRODUCTION We begin with terminology. Colloquially, parents say, "Before you were born. ." The clear meaning, of course, is that the "you" ("our son" or "our daughter") existed in the womb before the coming out known as birth. That son or daughter began biological existence, with a unique DNA, at the moment when a spermatozoon fertilized a human egg. Not inaccurately, the resultant fetus is often called an "unborn child." Pregnant women sometimes say, "I can feel my baby moving," or, if they know the sex, "He's (or she's) really kicking, now." We can then understand why that entity, a unique individual of the human species, is recognized as a rights-bearing entity, deserving-as of right-protection from unjustified harm, as any born human individual would possess that right.1 * Professor of Law, Cleveland-Marshall College of Law, Cleveland State University. A.B. Harvard, M.A. Manchester, Ph.D. Toronto, J.D. Columbia. The author wishes to acknowledge his indebtedness to the scores of scholars who have analyzed the central holdings of the major cases on abortion, only a few of whom could be appropriately cited in this work. The author is also grateful for the skilled research efforts and drafting suggestions of Matthew Hebebrand, Anthony Miranda, Daniel Dew, Ryan Mulvey, and Christopher Stuart.
[Show full text]
Abortion Testimony and Legislative Debate Related to Georgia’S Fetal “Heartbeat” Abortion Ban
View metadata, citation and similar papers at core.ac.uk brought to you by CORE provided by Ibis Reproductive Health Sexual and Reproductive Health Matters ISSN: (Print) 2641-0397 (Online) Journal homepage: https://tandfonline.com/loi/zrhm21 A narrative analysis of anti-abortion testimony and legislative debate related to Georgia’s fetal “heartbeat” abortion ban Dabney P. Evans & Subasri Narasimhan To cite this article: Dabney P. Evans & Subasri Narasimhan (2020) A narrative analysis of anti- abortion testimony and legislative debate related to Georgia’s fetal “heartbeat” abortion ban, Sexual and Reproductive Health Matters, 28:1, 1686201, DOI: 10.1080/26410397.2019.1686201 To link to this article: https://doi.org/10.1080/26410397.2019.1686201 © 2019 The Author(s). Published by Informa UK Limited, trading as Taylor & Francis Group Published online: 31 Dec 2019. Submit your article to this journal Article views: 1533 View related articles View Crossmark data Full Terms & Conditions of access and use can be found at https://tandfonline.com/action/journalInformation?journalCode=zrhm21 RESEARCH ARTICLE A narrative analysis of anti-abortion testimony and legislative debate related to Georgia’s fetal “heartbeat” abortion ban Dabney P. Evans ,a Subasri Narasimhan b a Associate Professor, Hubert Department of Global Health, Rollins School of Public Health at Emory University, Atlanta, GA, USA; Center for Reproductive Health Research in the Southeast (RISE) at Emory University, Atlanta, GA, USA. Correspondence: [email protected] b Postdoctoral Research Fellow, Department of Behavioral Sciences and Health Education, Rollins School of Public Health at Emory University, Atlanta, GA, USA; Center for Reproductive Health Research in the Southeast (RISE) at Emory University, Atlanta, GA, USA Abstract: Fetal “heartbeat” bills have become the anti-abortion legislative measure of choice in the US war on sexual and reproductive health and rights (SRHR).
[Show full text]
Janet Porter 954-465-1500 Lori Viars 513-932-3554
Janet Porter Responds to Heartbeat Opponents Quoted in Ohio Senate President’s Letter Contact: Janet Porter 954-465-1500 Lori Viars 513-932-3554 May 3, 2012 – For Immediate Release A letter dated May 2, 2012 from Senate President Tom Niehaus said that because H.B. 125, the Heartbeat Bill, offers a challenge to Roe v. Wade, it is somehow misleading to state what the bill, when enacted, will do. As Right to Life founder Dr. Willke stated, the Heartbeat Bill will protect 90-95 percent of the babies who would otherwise be aborted. Using a very conservative estimate, based on the annual number of Ohio abortions, the Heartbeat Bill would, indeed, save 26,000 babies each year--more than 70 each day--which is more than can fit into any school bus. While it is true that the Senate has passed several regulatory bills, every Senator who ran on a pro-life platform promised to vote to end abortions, not merely regulate them. It is also true that the Ohio Senate has had the Heartbeat Bill since last June--for nearly a year. As Dr. Willke said in his letter, “After forty years and 54 million dead babies, don't ask us to wait any longer.” The pro-life people of Ohio agree and that agreement is demonstrated with more support than for any bill in Ohio history-- 500 national and state pro-life leaders, dozens of the nation's leading pro-life attorneys, and a poll that revealed support from 2 out of 3 likely voters in Ohio--more support than for any bill of its kind.
[Show full text]
Georgia Heartbeat Bill
Case Study: Georgia’s Heartbeat Bill For this assignment, students are assigned to write either a political strategy memo (not to exceed three pages) or an editorial (not to exceed 600 words) from the perspective of one of the case actors below. A number of states, including Alabama, Georgia, Missouri, and Ohio have passed or attempted to pass sweeping new abortion legislation in 2019. The legislation that came to a vote in Georgia was a “heartbeat bill”—HB 481 would outlaw abortion after a fetal heartbeat could be detected, which medical professionals estimate is possible at six weeks, earlier than many women learn of their pregnancy. Governor Brian Kemp (R) pledged during his campaign to support the measure if passed by the legislature. HB 481, and laws like it in other states, are widely understood to have implications reaching beyond state lines. By stretching the limits of what is possible under Roe v. Wade (and other reproductive health precedents)—and by inciting pro-choice advocates to file lawsuits—these state laws serve as potential constitutional challenges to Roe, which have the potential to alter the legal landscape of abortion nationwide. It is believed that the architects of the Georgia bill had such a constitutional challenge in mind when introducing the legislation. The composition of the Supreme Court, with two justices appointed by President Donald J. Trump having moved the court rightward, may be more receptive to revisiting Roe and other precedents than it has been in the recent past. Heartbeat laws, like the one considered in Georgia, have never been reviewed by the Supreme Court before.
[Show full text]
HB 481 - Heartbeat Bill
Georgia State University Law Review Volume 36 Issue 1 Fall 2019 Article 10 12-1-2019 HB 481 - Heartbeat Bill Michael G. Foo Georgia State University College of Law, [email protected] Taylor L. Lin Georgia State University College of Law, [email protected] Follow this and additional works at: https://readingroom.law.gsu.edu/gsulr Part of the Health Law and Policy Commons, Privacy Law Commons, and the State and Local Government Law Commons Recommended Citation Michael G. Foo & Taylor L. Lin, HB 481 - Heartbeat Bill, 36 GA. ST. U. L. REV. 155 (2019). Available at: https://readingroom.law.gsu.edu/gsulr/vol36/iss1/10 This Peach Sheet is brought to you for free and open access by the Publications at Reading Room. It has been accepted for inclusion in Georgia State University Law Review by an authorized editor of Reading Room. For more information, please contact [email protected]. Foo and Lin: HB 481 - Heartbeat Bill PERSONS AND THEIR RIGHTS Persons and Their Rights: Amend Chapter 2 of Title 1 of the Official Code of Georgia Annotated, Relating to Persons and Their Rights, so as to Provide that Natural Persons Include an Unborn Child; to Provide that such Unborn Children Shall Be Included in Certain Population Based Determinations; to Provide Definitions; Offenses Against Public Health and Morals: Amend Article 5 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, Relating to Abortion, so as to Provide Definitions; to Revise the Time when an Abortion May Be Performed; to Provide for Exceptions; to Provide for the Requirements
[Show full text]
Anti-Abortion Legislation- What Is the Problem Represented to Be? a Critical Policy Analysis of the “Heartbeat Bills” in the United States
Anti-abortion legislation- What is the problem represented to be? A critical policy analysis of the “heartbeat bills” in the United States. Anna Gustafsson Gender Studies: Master thesis, 30 hp Master’s programme in Law, Gender and Society 120 hp Spring term 2020 Supervisor: Sara Edenheim Examiner: Ann Öhman Abstract Since the introduction of a new type of anti-abortion legislation in the United States which bans abortions after a fetal heartbeat can be detected, women’s options regarding abortion are being limited. How “problems” are represented or constituted in legislation shows that problems are time, place and context dependant. By using Carol Bacchi’s “What’s the problem represented to be?” approach to policy analysis, problem representations and subjectification effects in the heartbeat bills were identified. The problem representation of abortion as “lack of information” emerged as the central problem representation and the subject positions that were made available limits women’s choices regarding abortion. Fetal rights emerged as the core of the argumentation in the legislation, excluding women’s rights. How the problem of abortion is represented to be, the subjectification effects and the way rights are used and argued for in anti- abortion legislation shows how they effectively limits women’s abortion choices. Keywords: anti-abortion legislation, fetal heartbeat, fetal rights, subjectification effects 2 Table of contents Introduction…………………………………………………………………….4 Background……………………………………………………………………………….........4 Purpose and
[Show full text]
House Committee on Public Health Hb 1515 Public
PUBLIC COMMENTS HB 1515 HOUSE COMMITTEE ON PUBLIC HEALTH Hearing Date: April 7, 2021 8:00 AM Deborah Darcy Self Aledo, TX Every CHILD deserves a chance to live. It’s a human soul with a heart it’s innocent and please consider this when making your decisions on abortion. Jessica Tiedt Self, Chief Court Administrator Georgetown, TX I do not support this legislation. It does nothing to actually help reduce abortions. Please do not pass this out of committee. Thank you. ARTHUR ELLIS Self Houston, TX Please do not keep putting limits on abortions. Seems like we need to get on with other things beside always finding ways to makes abortions so hard to get. Even when it is for things such as rape, or danger to the mothers. Get on with running the states business and stop keep coming back, once again to ban abortions. Abraham Oommen Universal Life Church Houston, TX When my personal opinion I feel like when a heart beat is detectable in a child that they will feel all the pain of dying that they would out of the mother's placenta. People do worse things in that to each other while they're alive but a mother's right to choose doesn't mean that she's not being forced into that position. Walter Grimes self Kilgore, TX I do not support this, the woman has the right to determine the course of her own life. Molly Frisinger Self Austin, TX Printed on: May 4, 2021 4:21 PM Page 1 of 134 Austin, TX This would be a terrible thing to put someone through when they are already suffering.
[Show full text]