DOCSLIB.ORG

Today's Challenges to the Principles of Ronald Reagan's Conservative

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Today's Challenges to the Principles of Ronald Reagan's Conservative LECTURE DELIVERED FEBRUARY 7, 2014 No. 1245 | APRIL 28, 2014 A New Time for Choosing on Life, Liberty, and the Pursuit of Happiness: Today’s Challenges to the Principles of Ronald Reagan’s Conservative Manifesto Ryan T. Anderson Abstract America exists to defend the unalienable rights of the Declaration of Key Points Independence: “We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain n The right to life is for all human beings, wanted or unwanted, unalienable Rights, that among these are Life, Liberty and the pursuit born or unborn. of Happiness.” These truths have been challenged in the past 50 years in ways that Ronald Reagan could not have imagined in 1964. Unless n The right to liberty means that they are protected in law and—more important—lived out in culture, citizens, the groups they form, and the businesses they run constitutional self-government will be increasingly at risk. In this new should be free to act in the time for choosing, we must return to the synthesis of the American public square according to their Founding: ordered liberty based on faith and reason, natural rights conscientious beliefs. and morality, limited government and civil society—with the laws of n The right to pursue happiness nature and nature’s God providing the standard. for non-autonomous children is protected by encouraging a he more things change, the more they stay the same. Rereading man and a woman to commit to T“A Time for Choosing,” it is amazing to see just how much things each other in marriage so that haven’t changed. any children that their union Ronald Reagan expresses concern that government taxes too produces will have access to the much of our incomes, that government spends more than it raises, love and care of their mother and father. that government is transforming into a welfare state that’s trapping the poor, that government debt is skyrocketing, that the debt is held n In this new time for choosing, by foreign interests overseas, and that we have enemies abroad who we must return to the synthe- sis of the American Founding: reject the moral foundations of our political order. ordered liberty based on faith Sound familiar? and reason, natural rights and The more things change, the more they stay the same—or do they? morality, limited government While others will focus on how similar our challenges and oppor- and civil society—with the laws tunities are to those of 50 years ago, I will focus elsewhere. There are of nature and nature’s God providing the standard. This paper, in its entirety, can be found at http://report.heritage.org/hl1245 Produced by the Richard and Helen DeVos Center for Religion and Civil Society The Heritage Foundation 214 Massachusetts Avenue, NE Washington, DC 20002 (202) 546-4400 | heritage.org Nothing written here is to be construed as necessarily reflecting the views of The Heritage Foundation or as an attempt to aid or hinder the passage of any bill before Congress. LECTURE | NO. 1245 DELIVERED FEBRUARY 7, 2014 three broad areas that concern us today that were It isn’t surprising that Reagan doesn’t mention not mentioned in Reagan’s original “Time for Choos- abortion, for in 1964, no one seriously thought a ing” speech. Today, these issues create a new time so-called right to choose was a real constitutional for choosing. While Reagan’s speech was largely con- right, nor that it could trump the natural right to cerned with a time for choosing about politics, this life. It wasn’t until 1965 that the Supreme Court new time for choosing is about politics and culture. would start developing ideas about a right to pri- Reagan didn’t specifically address the type of vacy beyond the scope of the Constitution, and culture that allows for our experiment in self-gov- it wasn’t until 1973 that the Court extended that ernment to be successful—because it was not under right to abortion on demand—a ruling that even serious attack at the time. More or less everyone rec- many liberal scholars decry as having no basis in ognized the importance of the institution of mar- the Constitution. riage, the dignity of unborn children, and the sig- nificance of religious freedom. But over the past 50 years, each of these has come under sustained attack. Redefining who is included in If we are to sustain the choice of freedom Reagan the community of rights-bearing called us to a half-century ago, today we must decide to stand for the culture that makes freedom possible. individuals so as to exclude the We have reached a new time for choosing. unborn does exactly what Reagan Reagan appeals to the American Revolution and rejected: It considers rights “to bemoans the fact that “Our natural, unalienable be a dispensation of government.” rights are now considered to be a dispensation of government, and freedom has never been so fragile.” Rightly understood, America exists to defend the Indeed, public opinion and legislation prior to unalienable rights of the Declaration of Indepen- Roe were strongly supportive of laws protecting dence: “We hold these truths to be self-evident, that all unborn children. In 1963, abortion activist Alan men are created equal, that they are endowed by their Guttmacher “admitted that any change in the abor- Creator with certain unalienable Rights, that among tion law that suggested the non-humanity of the these are Life, Liberty and the pursuit of Happiness.” fetus would ‘be voted down by the body politic.’”1 These truths have been challenged in the past 50 He was right. In 1967, Arizona, Georgia, New York, years in ways that Reagan could not have imagined Indiana, North Dakota, New Mexico, and Nebraska in 1964. Because they were not the challenges of his all rejected liberalizing abortion laws. In 1969, the day, you will find no discussion of the right to life, or same thing happened in Iowa, Minnesota, Nevada, religious liberty, or marriage in Reagan’s text. And and Illinois. In 1970, it happened in Vermont and yet, they animate many of our debates today. Unless Massachusetts. In 1971, 12 different states defeated they are protected in law and—more important— laws to liberalize abortion. lived out in culture, constitutional self-government Of course, there were some states that ultimately will be increasingly at risk. did liberalize their abortion laws, though none went as far as Roe’s abortion on demand. Unfortunately, Life one of those states was California; its governor, Ron- The right to life is not only for the strong and pow- ald Reagan. But in June of 1967, he signed the law erful, the rich and famous, but for all human beings, reluctantly, thinking that the Democrat-majority including the weak, marginalized, and infirm— legislature would override any potential veto, and he wanted or unwanted, born or unborn. Redefining tried to make the law as harmless as possible, lim- who is included in the community of rights-bearing iting the cases of justified abortion to rape, incest, individuals so as to exclude the unborn does exact- and the health of the mother. The bill was titled the ly what Reagan rejected: It considers rights “to be a “Therapeutic Abortion Act,” and Reagan sadly would dispensation of government.” learn that doctors were willing to call just about any 1. Russell Hittinger, “Abortion Before Roe,” First Things, October 1994, http://www.firstthings.com/article/2010/03/abortion-before-roe (accessed April 3, 2014). 2 LECTURE | NO. 1245 DELIVERED FEBRUARY 7, 2014 abortion “therapeutic.”2 He immediately regretted es concerns had to do with Establishment Clause the decision.3 issues. Very few cases, if any, were decided against What Reagan learned from his experience in the free exercise of religion. California prompted him to champion the pro- Indeed, the Court had ruled just a year before life cause in the White House. A little-known fact Reagan’s speech that Adell Sherbet, a Seventh-day about President Reagan is that he is the only sit- Adventist, could not be denied unemployment com- ting President to have ever published a book—a pensation because she refused to work on Saturday, book promoting the culture of life. In Abortion and which her religious tradition recognizes as Sabbath. the Conscience of a Nation, Reagan pledged that his The court would rule a decade later that an Amish Administration would champion the prolife cause father didn’t have to send his children to high school because it was dedicated to the “preservation of in violation of his faith’s practices. America as a free land, and there is no cause more important for preserving that freedom than affirm- ing the transcendent right to life of all human The right to liberty takes on particular beings, the right without which no other rights importance when dealing with the have any meaning.”4 Indeed, Reagan had learned that if government most important—and sacred—things. could redefine who was a natural rights bearer, then rights were just a “dispensation of government.” These rulings were part of a larger trend protect- And so the basic right to life forces on us a new time ing liberty. After all, back in 1943, the Court had for choosing. ruled that government couldn’t force school children to salute the flag or recite the Pledge of Allegiance. Religious Liberty Today, by comparison, the government claims it The Declaration speaks of “Life, Liberty and the can force employers and individuals to pay for cov- pursuit of Happiness,” so I’ll proceed from the sub- erage of abortion-inducing drugs.5 Government has ject of life to liberty.
Load more

Recommended publications
  • Strategies & Tools for Gender Equality
    Strategies & Tools for Gender Equality First Edition: Abortion Rights Religious Refusals May 2015 © 2015 Legal Voice COMPILED BY THE ALLIANCE: STATE ADVOCATES FOR WOMEN’S RIGHTS & GENDER EQUALITY OF THE STATES, BY THE STATES, FOR THE STATES Strategies & Tools for Gender Equality TABLE OF CONTENTS • Alliance Organizations Overview ............................................................. 3 • Introduction ............................................................................................. 5 Part 1: Securing and Advancing Abortion Rights • Introduction ............................................................................................. 9 • California Women’s Law Center: California ........................................... 10 • Gender Justice: Minnesota .................................................................... 17 • Legal Voice: Washington, Oregon, Idaho, Montana, Alaska .................. 19 • Southwest Women’s Law Center: New Mexico ..................................... 30 • Women’s Law Project: Pennsylvania ..................................................... 40 Part 2: Combating Religious Refusals Targeting Women and LGBTQ Individuals • Introduction .......................................................................................... 53 • California Women’s Law Center: California ........................................... 54 • Gender Justice: Minnesota, Nebraska ................................................... 62 • Legal Voice: Washington, Oregon, Idaho, Montana, Alaska .................. 66
    [Show full text]
  • In the Supreme Court of the United States
    No. 19-1392 In The Supreme Court of the United States THOMAS E. DOBBS, M.D., M.P.H., STATE HEALTH OFFICER OF THE MISSISSIPPI DEPARTMENT OF HEALTH, ET AL., Petitioners, v. JACKSON WOMEN’S HEALTH ORGANIZATION, ET AL., Respondents. On Writ of Certiorari to the United States Court of Appeals for the Fifth Circuit AMICUS BRIEF OF THE ELLIOT INSTITUTE IN SUPPORT OF PETITIONERS THOMAS P. MONAGHAN JAY ALAN SEKULOW CECILIA NOLAND-HEIL Counsel of Record FRANCIS J. MANION STUART J. ROTH GEOFFREY R. SURTEES COLBY M. MAY AMERICAN CENTER FOR WALTER M. WEBER LAW & JUSTICE LAURA HERNANDEZ 1000 Regent University AMERICAN CENTER FOR Drive LAW & JUSTICE Virginia Beach, VA 23464 201 Maryland Ave., N.E. (757) 226-2489 Washington, DC 20002 (202) 546-8890 [email protected] Counsel for Amicus ii TABLE OF CONTENTS Page QUESTION PRESENTED..................... i TABLE OF AUTHORITIES....................iv INTEREST OF AMICUS...................... 1 SUMMARY OF ARGUMENT................... 1 ARGUMENT................................ 2 I. ABORTION IS A POTENTIALLY HAZARDOUS PROCEDURE................3 A. Ambulance calls........................ 3 B. Maternal abortion deaths................ 5 II. THE CLAIM THAT ABORTION IS SAFER THAN CHILDBIRTH IS NOT SUPPORTED AND MOST LIKELY FALSE ............... 7 A. Relevance to abortion jurisprudence........ 7 B. Repetition of the fiction.................. 8 C. Refutation of the fiction and possible backpedaling.......................... 10 D. Dissecting the fiction................... 12 E. Response to contrary statements in Whole Woman's Health ....................... 19 III. PUBLISHED LITERATURE INDICATES THAT ABORTION IS MORE DANGEROUS THAN CONTINUED PREGNANCY......... 21 iii CONCLUSION..............................26 APPENDIX A: Correspondence with HHS/CDC . 1a APPENDIX B: Documented ambulance calls 2009-21 ............................... 10a iv TABLE OF AUTHORITIES Page CASES City of Akron v.
    [Show full text]
  • 'Butchery' in Tijuana: Tijuana Abortions and A
    Intervals - Episode 17 Season 1: Intervals of Public Health Lecture Title: “‘Butchery’ in Tijuana: Tijuana Abortions and Abortion Decriminalization in California” Q+A Taping Date: March 5, 2021 Upload Date: July 28, 2021 Guest Lecturer: Alicia Gutierrez-Romine Host: Christopher Brick Preferred Citation Format Alicia Gutierrez-Romine, “‘Butchery’ in Tijuana: Tijuana Abortions and Abortion Decriminalization in California,” and Q+A interview with Christopher Brick, Intervals, podcast audio, June 9, 2021, https://www.oah.org/programs/listen-to-history/. Initial Verbatim Transcript – May Contain Typos Introduction CHRISTOPHER BRICK: Hello everyone and welcome back to the Intervals pod. The Intervals series is a public humanities initiative of the Organization of American Historians, and I’m your host, Christopher Brick, here on behalf of the organization’s Committee on Marketing and Communications. And today it’s also a real joy for OAH and myself to be welcoming Dr. Alicia Gutierrez-Romine to the show to deliver our seventeenth guest lecture of the series. Alicia’s currently an assistant professor of history at La Sierra University in Riverside, California, and her talk, “‘Butchery’ in Tijuana: 1 Abortions and Abortion Decriminalization in California,” draws from some of the research she used to develop her recent book on this subject. Entitled From Back Alley to the Border: Criminal Abortion in California, 1920-1969 explores the history of illegal abortion in California focusing on abortion providers, and the women who visited them, and following them from the notorious back alley to the US-Mexico border. The border has an important role to play in this story, bifurcating that part of north America into different states, yes, but also into distinct regimes of abortion access that shaped the region’s politics, law, and culture as much as the health security of its women.
    [Show full text]
  • An Abortion Story from Both Sides of the Exam Table
    Original article found online at: http://www.refinery29.com/my-story-on-both-sides-of-the- exam-table An Abortion Story From Both Sides Of The Exam Table Illustrated by Mary Galloway. Written by Debbie Bamberger, from her story "My Story From Both Sides Of The Exam Table". When I was 19 and a sophomore in college in Worcester, Massachusetts, I responded to an ad in the local paper for phone volunteers at Planned Parenthood. I already had an affinity for Planned Parenthood. My mother’s life story included a visit to the Margaret Sanger Clinic in Manhattan at 19 to get a diaphragm — she was having sex with her boyfriend — and I had gone to Planned Parenthood to get a diaphragm myself in my hometown of Poughkeepsie when I was still in high school. Volunteering at my local clinic was a life-changing experience for me. I met women working there who opened my eyes to sexism and misogyny. I loved speaking on the phone to women seeking an abortion, providing help to them, and I appreciated the easy availability of birth control and emergency contraception. I knew how to prevent pregnancy and wanted to, but I was also more careless in college than I had been in high school. I haven't thought too much about my reasons for this, but I may have been testing myself and my fertility, or I may have felt cocky about the ability to have an abortion if I needed one. I had a lot of sex and took emergency contraception many times, back at a time when that meant a huge dose of regular birth control pills and subsequent nausea.
    [Show full text]
  • The California Therapeutic Abortion Act: an Analysis, 19 Hastings L.J
    Hastings Law Journal Volume 19 | Issue 1 Article 11 1-1967 The aliC fornia Therapeutic Abortion Act: An Analysis Brian Pendleton Follow this and additional works at: https://repository.uchastings.edu/hastings_law_journal Part of the Law Commons Recommended Citation Brian Pendleton, The California Therapeutic Abortion Act: An Analysis, 19 Hastings L.J. 242 (1967). Available at: https://repository.uchastings.edu/hastings_law_journal/vol19/iss1/11 This Note is brought to you for free and open access by the Law Journals at UC Hastings Scholarship Repository. It has been accepted for inclusion in Hastings Law Journal by an authorized editor of UC Hastings Scholarship Repository. THE HASTINGS LAW JOURNAL [Vol 19 THE CALIFORNIA THERAPEUTIC ABORTION ACT: AN ANALYSIS In June 1967, the California Legislature enacted a Therapeutic Abortion Act.' In so doing, California became the third state in the country within the year to significantly revise abortion legislation which had remained unchanged, in many cases, for almost a century.2 The states of Colorado3 and North Carolina 4 preceded California in adopting revised abortion measures. Each of these three states re- lied upon the basic pattern proposed in the Model Penal Code.5 How- ever, there are significant differences between the various enactments, which reflect the deep, underlying religious, social, and legal con- flicts which attend the subject of abortion. The purpose of this note is to examine the California Therapeutic Abortion Act in comparison with the recent Colorado and North Carolina legislation. Desirable modifications will be recommended for the California Act and for consideration by other states contem- plating abortion legislation revision.6 The Need for Reform The necessity for a revision of the California abortion legislation arose for three reasons: first, the legislation did not control, but rather fostered illegal action; second, it did not conform to accepted medical practice, nor social ideology; and third, it was discriminatory in its effect.
    [Show full text]
  • Does California Require Parental Consent for Abortion
    Does California Require Parental Consent For Abortion Comose Clarke damaskeen reluctantly and damned, she fox her diatessaron evangelizing upwardly. Igor remains selenic improvidentlyafter Sayre nasalizes when Abdul philanthropically is zinky. or varies any pretences. Dreamlike Pembroke specialising quincuncially or sterilizes Get an infant to pursue cases, california than commerce which does california Murphy, Director, Washington Legislative Office, et al. It cannot seriously be used to describe each work otherwise a judiciary cognizant of guilt inherent limits of our constitutional scheme. Constitution does not contain an explicit right of privacy. The change in constitutionally given powers qualified as a revision and could not be law with only voter approval. Planned Parenthood Federation of America Inc. Beck was a consent. The Pew Charitable Trusts. Cal, and again remain in FFS until we select their managed care provider. Constitution gives the States broad latitude to outweigh that particular functions may be performed only by licensed professionals, even book an objective assessment might rain that cater same tasks could be performed by others. Despite the obstacles that chance from a aggregate of abortion providers in paragraph and medically underserved areas in California, state law allows only licensed physicians to perform aspiration abortion. Failure of the name or medically and notification and would return to which a pregnancy tests to parental consent for california does not at risk for abortions performed in the teachings of suspected abuse? Abortion in California EFROMMILY. Requires one parent give permission for the abortion. Abortion Laws Connecticut General Assembly. Serious health for abortion as required. Other statutes required parental consent.
    [Show full text]
  • Surgical Abortion Prior to 7 Weeks of Gestation Release Date March 2013 SFP Guideline #20132
    Contraception xx (2013) xxx–xxx Clinical Guidelines Surgical abortion prior to 7 weeks of gestation Release date March 2013 SFP Guideline #20132 Abstract The following guidelines reflect a collation of the evaluable medical literature about surgical abortion prior to 7 weeks of gestation. Early surgical abortion carries lower risks of morbidity and mortality than procedures performed later in gestation. Surgical abortion is safe, practicable and successful as early as 3 weeks from the start of last menses (no gestational sac visible on vaginal ultrasound) provided that (a) routine sensitive pregnancy testing verifies pregnancy, (b) the tissue aspirate is immediately examined for the presence of a gestational sac plus villi and (c) a protocol to identify ectopic pregnancy expeditiously — including calculation of readily obtained serial serum quantitative human chorionic gonadotropin titers when clinically appropriate — is in place and strictly adhered to. Manual and electric vacuum aspiration methods for early abortion demonstrate comparable efficacy, safety and acceptability. Current data are inadequate to determine if any of the following techniques substantially improve procedure success or safety: use of rigid versus flexible cannulae, light metallic curettage following uterine aspiration, uterine sounding or routine use of intraoperative ultrasound. © 2013 Elsevier Inc. All rights reserved. Keywords: Early surgical abortion; Early vacuum aspiration; Early induced abortion; Electric vacuum aspiration; Manual vacuum aspiration; Early medical abortion; Failed attempted abortion; Ectopic pregnancy Background 1000 at 13–14 weeks and 15 per 1000 after 20 weeks [5].In developing countries with restrictive abortion laws, increas- Early abortion can be accomplished using medical or ing use of MVA and medical abortion has reduced abortion- surgical methods.
    [Show full text]
  • This Is Guns and Butter. Barbara Honegger
    This is Guns and Butter. Barbara Honegger: We’re really focusing here on a fundamental redefinition and reframing of the entire abortion issue so that we focus off of the fetus and actually off of the woman, onto an organ, the uterus. We see that forced pregnancy and childbirth is a special case of forced organ donation, which would, as the judge in the McFall v. Shimp case, actually undercut the entire foundation of US and American federal law. I’m Bonnie Faulkner. Today on Guns and Butter, Barbara Honegger. Today’s show, “We the Men vs We the People.” Barbara Honegger is a leading researcher, author, and public speaker. She is a former senior military affairs journalist at the Naval Postgraduate School, the premier science, technology and national security affairs graduate research university of the Department of Defense. She held high-level positions in the federal government during the Reagan administration including White House Policy Analyst, Special Assistant to the Assistant to the President for Domestic Policy and Director of the Attorney General’s Anti-Discrimination Law Review at the US Department of Justice. Her pioneering book, October Surprise: The Deep Story Behind the Iran Side of the Iran-Contra Scandal , was subsequently confirmed by formerly classified documents and led to a full subpoena-powered US House of Representatives investigation. In light of the recent violence at a Planned Parenthood clinic in Colorado Springs, today we discuss her experiences in the Reagan White House championing women’s reproductive and civil rights. The Associated Press reports that according to the National Abortion Foundation, there have been eight murders and more than 220 bombings and arson attacks at abortion facilities in the US since 1977.
    [Show full text]
  • Abortion Is Health Care
    National Health Law Program November 25, 2020 Abortion is Health Care Alexis Robles-Fradet, MPH I. Brief History of Abortion in the United States The United States did not always have a history of imposing restrictions on abortion. Until the early 1800s, abortion was legal before a pregnant person felt fetal movement, known as “quickening.” Midwives and other healers largely supervised and assisted with abortion care. The shift towards banning abortions was born out of racism, misogyny, and the desire for control. In the mid-1800s, the United States experienced a shift towards criminalizing abortion. This was followed by a move away from midwifery and traditional medicine typically performed by women in their communities in favor of the relatively new, profitable, and male-dominated Western medicine model in the early 1900s. Black midwives and healers were condemned for performing abortions as well as for their care of pregnant people. The desire for control over pregnancy and reproduction was motivated in part by the declining birthrates of white Protestant American women in the late 1800s and increased migration. During this time, abortions continued but in much more unsafe conditions unless one was able to travel to and pay the few providers who performed abortions safely. In 1973, the Supreme Court decision in Roe v. Wade confirmed that the decision to terminate a pregnancy is a constitutional right. Three years later, Congress passed an appropriations bill rider known as the Hyde Amendment in order to block federal funds from being used to pay for abortion outside of the narrow scope of rape, incest, and life endangerment.
    [Show full text]
  • Barriers to Abortion Care in California: Highlighting Challenges of Medi-Cal Coverage
    S E P TEM B ER 2016 Barriers to abortion care in California: Highlighting challenges of Medi-Cal coverage OV E RV I EW BARRIER TO PROVISION OF CARE California is often celebrated for its progressive policies in the Medi-Cal reimbursement rates. California has one of the lowest national conversation about abortion access. For example, federal average Medicaid reimbursement rates for physicians in the United funding of abortion coverage in federal health plans is restricted States.8 Reimbursement is often lower than the cost of providing by the Hyde Amendment, but California is one of 15 states that care, which makes it financially challenging for providers to accept uses its own funds to cover the health care service for people Medi-Cal insurance. This challenge was exacerbated in 2015, when insured by the state’s Medicaid program, Medi-Cal.1,2 While federal the state implemented a 10% reduction in reimbursement rates Medicaid funding limits abortion coverage to cases when a for fee-for-service Medi-Cal providers.9 Low reimbursement rates person’s life is at risk, or when a pregnancy results from rape have been cited among the top ten barriers in the United States or incest, Medi-Cal covers abortion for any reason.1,3 People in to the provision of abortion care.10 Research has shown that low California who have federal or private insurance that does not reimbursement for abortion services can result in greater out- cover abortion are eligible for abortion coverage under Medi- of-pocket costs for patients and can lead to delays in obtaining Cal if they meet income qualifications and can provide proof abortion care or to the continuation of an unwanted pregnancy; that their insurance policy does not cover the procedure.4 In fewer providers that accept federal insurance coverage; and clinic addition, California continues to pass policies to improve women’s closures due to significant losses for un-reimbursed services.11 reproductive health, inclusive of abortion care.
    [Show full text]
  • Abortion, the Right to Travel, and Extraterritorial Regulation in American Federalism
    University of Pennsylvania Carey Law School Penn Law: Legal Scholarship Repository Faculty Scholarship at Penn Law 1992 The Law of Choice and Choice of Law: Abortion, the Right to Travel, and Extraterritorial Regulation in American Federalism Seth F. Kreimer University of Pennsylvania Carey Law School Follow this and additional works at: https://scholarship.law.upenn.edu/faculty_scholarship Part of the Civil Rights and Discrimination Commons, Conflict of Laws Commons, Constitutional Law Commons, Fourteenth Amendment Commons, Jurisdiction Commons, Jurisprudence Commons, Legal History Commons, and the Public Law and Legal Theory Commons Repository Citation Kreimer, Seth F., "The Law of Choice and Choice of Law: Abortion, the Right to Travel, and Extraterritorial Regulation in American Federalism" (1992). Faculty Scholarship at Penn Law. 1336. https://scholarship.law.upenn.edu/faculty_scholarship/1336 This Article is brought to you for free and open access by Penn Law: Legal Scholarship Repository. It has been accepted for inclusion in Faculty Scholarship at Penn Law by an authorized administrator of Penn Law: Legal Scholarship Repository. For more information, please contact [email protected]. NEW YORK UNIVERSITY LA\tV REVIEW VOLUME 67 JUNE 1992 NUMBER 3 THE LAW OF CHOICE AND CHOICE OF LAW: ABORTION, THE RIGHT TO TRAVEL, AND EXTRATERRITORIAL REGULATION IN AMER ICAN FEDERALISM SETH F. KREIMER* In American federalism, states differ among themselves in regulating morally con­ tested issues such as abortion, sexual activity, and the right to die. Because of these differences, Americans often travel to neighboring states to take advantage of legal options unavailable at home. In this Article, Professor Kreimer examines the con­ straints that the American federal structure and the constitutional commitment to na­ tional citizenship place on states that would seek to limit their citizens' abilities to take advantage of such options.
    [Show full text]
  • Restrictive Abortion Laws and the Resulting Backlash Janessa L
    Brooklyn Law Review Volume 73 | Issue 4 Article 4 2008 The ndeU rground Railroad to Reproductive Freedom: Restrictive Abortion Laws and the Resulting Backlash Janessa L. Bernstein Follow this and additional works at: https://brooklynworks.brooklaw.edu/blr Recommended Citation Janessa L. Bernstein, The Underground Railroad to Reproductive Freedom: Restrictive Abortion Laws and the Resulting Backlash, 73 Brook. L. Rev. (2008). Available at: https://brooklynworks.brooklaw.edu/blr/vol73/iss4/4 This Note is brought to you for free and open access by the Law Journals at BrooklynWorks. It has been accepted for inclusion in Brooklyn Law Review by an authorized editor of BrooklynWorks. The Underground Railroad to Reproductive Freedom RESTRICTIVE ABORTION LAWS AND THE RESULTING BACKLASH We are women whose ultimate goal is the liberation of women in society. One important way we are working toward that goal is by helping any woman who wants an abortion to get one as safely and cheaply as possible under existing conditions.1 I. INTRODUCTION Since almost immediately after the United States Supreme Court’s landmark 1973 decision in Roe v. Wade,2 state legislatures have continued to impose, and the Court has consistently upheld, restrictions on a woman’s ability to obtain an abortion.3 In Roe, the Court held that, “the right of personal 1 Chicago Women’s Liberation Union Herstory Project, Abortion—A Woman’s Decision, A Woman’s Right, http://www.cwluherstory.org/CWLUFeature/ Janebroch.html. The quote was taken from the original informational brochure passed out by the Abortion Counseling Service, also known as “Jane,” a network of volunteers who, in the years prior to the legalization of abortion provided illegal abortions.
    [Show full text]