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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. -
Unduly Burdening Abortion Jurisprudence
William & Mary Bill of Rights Journal Volume 29 (2020-2021) Issue 2 Article 4 December 2020 Unduly Burdening Abortion Jurisprudence Mark Strasser Follow this and additional works at: https://scholarship.law.wm.edu/wmborj Part of the Constitutional Law Commons, Law and Gender Commons, and the Supreme Court of the United States Commons Repository Citation Mark Strasser, Unduly Burdening Abortion Jurisprudence, 29 Wm. & Mary Bill Rts. J. 367 (2020), https://scholarship.law.wm.edu/wmborj/vol29/iss2/4 Copyright c 2021 by the authors. This article is brought to you by the William & Mary Law School Scholarship Repository. https://scholarship.law.wm.edu/wmborj UNDULY BURDENING ABORTION JURISPRUDENCE Mark Strasser* INTRODUCTION The undue burden standard is the current test to determine whether abortion regulations pass constitutional muster.1 But the function, meaning, and application of that test have varied over time, which undercuts the test’s usefulness and the ability of legislatures to know which regulations pass constitutional muster. Even more confusing, the Court has refused to apply the test in light of its express terms, which cannot fail to yield surprising conclusions and undercut confidence in the Court. The Court must not only clarify what the test means and how it is to be used, but must also formulate that test so that it accurately conveys the conditions under which regulations will be upheld. Otherwise, the Court will not only continue to mislead the country about the content and breadth of abortion rights, but will also further convince the populace that the Court is simply set on promoting a political agenda. -
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. -
VOTE YES on the LOVE LIFE AMENDMENT! Together We Can Protect Unborn Babies for Generations to Come!
OPTION 1 The Luminary Lighting the Way to a Pro-Life Louisiana VOTE YES ON THE LOVE LIFE AMENDMENT! Together We Can Protect Unborn Babies for Generations to Come! SUMMER/FALL 2020 page 4: We Are Still Hopeful following Court Decision page 6: New Law Benefits People Wth Disabilities Louisiana Right To Life 1.866.463.5433 | www.ProLifeLouisiana.org executive 2,617,651 PEOPLE REACHED INSIGHTS ON FACEBOOK by BENJAMIN CLAPPER, Executive Director Hurricane Laura passed through Louisiana, leaving a path of destruction in its wake this project is 100 percent supported through donors just like you! statewide. Our thoughts and prayers go out to everyone affected by the storm. We believe there are more saves just like this that we may not be able to track. Our ads We are grateful that both pregnancy resource centers in Lake Charles, ABC Pregnancy run through a combination of Google search engine optimized searches, Instagram, and Resource Center and New Life Counseling Pregnancy Services, fared very well through a newer mobile-based geofencing system. In 2020 alone, our ads have been seen more Hurricane Laura. But we know people are hurting. than 600,000 times! To help the Lake Charles community, we have been working with both centers to •Social Media Educating for Life: Once COVID-19 hit we shifted a heavy focus to collect and distribute diapers, formula, water and other supplies. Visit educating on abortion and other life issues on Facebook, Instagram, Twitter, and other www.ProLifeLouisiana.org/hurricanelaura for an update on our efforts to provide relief outlets. -
The Supreme Court & Abortion Access For
Issue Brief October 2019 “We Must Not Blind Ourselves”: The Supreme Court & Abortion Access for Women Living in Poverty Joel Dodge This term, the Supreme Court will once again take up the issue of abortion rights. In June Medical Services v. Gee, the Court will decide whether to rectify a lower court's failure to abide by binding precedent in a case involving a Louisiana abortion restriction identical to one the Court struck down in Texas only three years ago, squarely putting the Court’s recent abortion precedent on the line.1 June Medical seeks to hold anti-abortion state legislatures accountable for laws that eviscerate abortion access, especially for women living in poverty. The Court now has the opportunity to reaffirm precedent and to demonstrate that people living in poverty can still count on the courts to vindicate their constitutional rights. I. The Louisiana Case The Louisiana restriction at issue in June Medical2 would shut down any abortion provider who is unable to obtain admitting privileges at a local hospital. The Supreme Court has already held that admitting privileges laws impose unconstitutional burdens on women’s right to abortion because they are medically unnecessary yet impede access to providers.3 In Whole Woman’s Health v. Hellerstedt, the Court recognized that the Texas admitting privileges law under review provided no health benefits to women and did “not serve any relevant credentialing function” because physicians are routinely denied privileges for reasons unrelated to their medical 1 The Court is also considering a pending cert petition in a challenge to an Indiana law mandating a delay period after an ultrasound for women seeking abortion (discussed below). -
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. -
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. -
'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. -
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. -
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). -
Admitting Privileges in Louisiana - 28
UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF LOUISIANA JUNE MEDICAL SERVICES LLC d/b/a HOPE MEDICAL GROUP FOR WOMEN, on behalf of its patients, physicians, and staff; BOSSIER CITY MEDICAL SUITE, on behalf of its patients, physicians, and staff; CHOICE, INC., OF TEXAS, d/b/a CAUSEWAY MEDICAL CLINIC, on behalf of its patients, physicians, and staff, JOHN DOE 1, M.D., AND JOHN DOE 2, M.D. CIVIL ACTION VERSUS NO. 14-CV-00525-JWD-RLB KATHY KLIEBERT, in her official capacity as Secretary of the Louisiana Department of Health and Hospitals and MARK HENRY DAWSON, M.D., in his official capacity as President of the Louisiana State Board of Medical Examiners FINDINGS OF FACTS AND CONCLUSIONS OF LAW 1 TABLE OF CONTENTS OVERVIEW - 1 I. Introduction - 1 FINDINGS OF FACT - 11 II. Background and Procedural History - 11 III. Contentions of the Parties - 18 IV. The Factual Issues - 19 V. Abortion in Louisiana - 20 A. Generally - 20 B. The Clinics - 21 (1) Hope - 21 (2) Bossier - 21 (3) Causeway - 22 (4) Women’s Health -23 (5) Delta - 23 C. The Doctors - 24 (1) Doe 1 - 24 (2) Doe 2 - 25 (3) Doe 3 - 26 (4) Doe 4 - 27 (5) Doe 5 - 27 (6) Doe 6 - 28 2 D. Admitting Privileges in Louisiana - 28 E. The Climate - 41 VI. Act 620 - 46 A. Text of Act 620 and Related Provisions - 46 B. Louisiana’s Policy and Past Legislation Regarding Abortion - 48 C. Drafting of Act 620 - 51 D. Official Legislative History of Act 620 - 52 VII. The Purpose and Medical Reasonableness of Act 620 - 56 A. -
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.