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Aid for Women V. Foulston: the Creation of a Minor's Right to Privacy and a New Preliminary Injunction Standard
Denver Law Review Volume 84 Issue 3 Tenth Circuit Surveys Article 12 December 2020 Aid for Women v. Foulston: The Creation of a Minor's Right to Privacy and a New Preliminary Injunction Standard Todd Scardina Follow this and additional works at: https://digitalcommons.du.edu/dlr Recommended Citation Todd Scardina, Aid for Women v. Foulston: The Creation of a Minor's Right to Privacy and a New Preliminary Injunction Standard , 84 Denv. U. L. Rev. 977 (2007). This Note is brought to you for free and open access by Digital Commons @ DU. It has been accepted for inclusion in Denver Law Review by an authorized editor of Digital Commons @ DU. For more information, please contact [email protected],[email protected]. AID FOR WOMEN V. FOULSTON: THE CREATION OF A MINOR'S RIGHT TO PRIVACY AND A NEW PRELIMINARY INJUNCTION STANDARD INTRODUCTION Forty-six percent of teens aged fifteen to nineteen have had sex at least once.' This startling statistic raises the question of how the state, which has an interest in protecting its youth, should deal with underage sex. Some people argue for promoting abstinence, others argue for pro- viding contraceptives; some argue for education in schools, others for parental education. There are a variety of ways to deal with the problem, and some are more controversial than others. Kansas Attorney General Phill Kline found one of the most controversial ways to protect teenagers from the harms of sex, implemented it in an attorney general opinion, and faced the inevitable public critique and lawsuits over his choice of protection. -
State of Rhode Island
2005 -- H 6264 ======= LC02879 ======= STATE OF RHODE ISLAND IN GENERAL ASSEMBLY JANUARY SESSION, A.D. 2005 ____________ H O U S E R E S O L U T I O N CONGRATULATING REVEREND MONSIGNOR SALVATORE RONALD MATANO ON BEING NAMED COADJUTOR BISHOP OF BURLINGTON Introduced By: Representatives Giannini, McCauley, Palumbo, Smith, and D Caprio Date Introduced: March 22, 2005 Referred To: House read and passed 1 WHEREAS, The son of the late Salvatore and Mary Matano, Reverend Monsignor 2 Matano was born on September 15, 1946, in Providence, Rhode Island. He received his early 3 education at St. Ann Elementary School and LaSalle Academy. He attained his Bachelor's 4 Degree from Our Lady of Providence Seminary College and his Licentiate Degree and Doctorate 5 in Cannon Law from the Pontifical Georgian University in Rome; and 6 WHEREAS, Ordained to the holy priesthood on December 17, 1971 by James Cardinal 7 Hickey in St. Peter's Basilica in Rome, Reverend Monsignor Matano served as an assistant pastor 8 at Our Lady of Grace Parish in Johnston for one year, and then spent five years at our Lady of 9 Providence Seminary High School in Providence. The Reverend Monsignor was then named 10 Diocesan Director of the Priests' Personnel Office for the Roman Catholic Diocese of Providence. 11 He continued on to become Assistant Chancellor, Vice Chancellor and Vicar for Administration 12 and Co-Chancellor; and 13 WHEREAS, In 1991, Reverend Monsignor Matano was assigned to the Apostolic 14 Nunciature in Washington as the Secretary to the Apostolic Pro-Nuncio; and 15 WHEREAS, Returning to the Providence Roman Catholic Diocese in 1992, Reverend 16 Monsignor Matano was appointed Vicar General and Moderator of the Curia; and 17 WHEREAS, From 1997 until 2000, Reverend Monsignor Matano served as Pastor to St. -
Our Bishops Park Have Been Named After Them
B ishop’s LEGACIES — Diocese of Burlington archive photos Named The first eight bishops of the Diocese of Burlington have In Honor of been remembered in Vermont communities like Derby Line, Colchester and Burlington because buildings and a Our Bishops park have been named after them. VTC • Cori Fugere Urban 24 FALL 2017 BURLINGTON’S BISHOPS Bishop Louis deGoesbriand Bishop John Stephen Michaud First Bishop of Burlington Second Bishop of Burlington 1853–1899 1899–1908 “the founding bishop” “the builder bishop” Bishop Louis deGoesbriand was the first bishop of the The first native-born priest ordained for the Diocese of Diocese of Burlington, which was founded in 1853. Burlington, Bishop John S. Michaud began his building When he died in 1899, he left behind a Church that initiatives in Newport, his first assignment after his had grown in number of Catholics, number of churches 1873 ordination to the priesthood. St. Mary Star of the and number of Catholic schools. By 1891, there were Sea Church was the first of many construction projects eight academies and 16 parochial schools in the he would oversee in his life. In 1879, Bishop deGoes- Diocese with seven congregations of women religious briand summoned him back to Burlington to oversee to staff them. Five priests had awaited his arrival, and the building of St. Joseph’s Providence Orphan Asylum. the number of Vermont priests grew to 52 in 1892 Later, he oversaw the building of St. Francis de Sales thanks to his efforts to foster vocations in Vermont and Church in Bennington before being named coadjutor recruit priests from France, Canada and Ireland. -
No. 114153 in the COURT of APPEALS of THE
No. 114,153 IN THE COURT OF APPEALS OF THE STATE OF KANSAS HODES & NAUSER, MDS, P.A.; HERBERT C. HODES, M.D.; and TRACI LYNN NAUSER, M.D., Appellees, v. DEREK SCHMIDT, in His Official Capacity as Attorney General of the State of Kansas; and STEPHEN M. HOWE, in His Official Capacity as District Attorney for Johnson County, Appellants. MEMORANDUM OPINION Appeal from Shawnee District Court; LARRY D. HENDRICKS, judge. Opinion filed January 22, 2016. Affirmed by an equally divided court. Stephen R. McAllister, solicitor general, Shon D. Qualseth, and Sarah E. Warner, of Thompson Ramsdell Qualseth & Warner, P.A., of Lawrence, Jeffrey A. Chanay, chief deputy attorney general, and Dennis D. Depew, deputy attorney general, for appellants. Erin Thompson, of Thompson Law Firm, LLC, of Wichita, Robert V. Eye and Brett A. Jarmer, of Robert V. Eye Law Office, LLC, of Lawrence, Teresa A. Woody, of The Woody Law Firm PC, of Kansas City, Missouri, and Janet Crepps, Genevieve Scott, and Zoe Levine, of Center for Reproductive Rights, of New York, New York, for appellees. Kevin M. Smith, of Law Offices of Kevin M. Smith, P.A., of Wichita, and Paul Benjamin Linton, of Thomas More Society, of Northbrook, Illinois, for amicus curiae The Family Research Council. Frederick J. Patton II, of Topeka, for amicus curiae Kansans for Life, Inc. Mark P. Johnson, of Dentons US LLP, of Kansas City, Missouri, for amici curiae Kansas Physicians. Don Saxton, of Saxton Law Firm LLC, of Kansas City, Missouri, and Kimberly A. Parker, Skye L. Perryman, Brittani Kirkpatrick Ivey, and Souvik Saha, of Wilmer Cutler Pickering Hale and Dorr LLP, of Washington, D.C., for amicus curiae American College of Obstetricians and Gynecologists. -
No. 114,153 in the SUPREME COURT of the STATE OF
No. 114,153 IN THE SUPREME COURT OF THE STATE OF KANSAS HODES & NAUSER, MDS, PA, HERBERT C. HODES, M.D., and TRACI LYNN NAUSER, M.D., Plaintiffs-Appellees, v. DEREK SCHMIDT, in his official capacity as Attorney General of the State of Kansas, and STEPHEN M. HOWE, in his official capacity as District Attorney for Johnson County, Defendants-Appellants. PETITION FOR REVIEW Appeal from the District Court of Shawnee County Honorable Larry D. Hendricks, Judge District Court Case No. 2015-CV-490 Stephen R. McAllister, KS Sup. Ct. No. 15845 Solicitor General of Kansas Memorial Bldg., 2nd Floor 120 SW 10th Avenue Topeka, Kansas 66612-1597 Telephone: (785) 296-2215 Fax: (785) 291-3767 Email: [email protected] Counsel for Appellants Expedited Review Requested TABLE OF CONTENTS AND AUTHORITIES Page PRAYER FOR REVIEW ..................................................................................................1 DATE OF THE DECISION OF THE COURT OF APPEALS ....................................2 ISSUES FOR WHICH REVIEW IS SOUGHT ..............................................................2 STATEMENT OF FACTS ................................................................................................3 Planned Parenthood of Southeastern Pennsylvania v. Casey, 505 U.S. 833 (1992) ......4, 5 Gonzales v. Carhart, 550 U.S. 124 (2007) ..........................................................................5 ARGUMENT ......................................................................................................................6 I. -
PHYSICIANS for REPRODUCTIVE HEALTH AS AMICUS CURIAE in SUPPORT of PETITIONERS ______Thomas M
No. 15-274 IN THE Supreme Court of the United States _____________________ WHOLE WOMAN’S HEALTH, ET AL., Petitioners, v. KIRK COLE, M.D., COMMISSIONER OF THE TEXAS DEPARTMENT OF STATE HEALTH SERVICES, ET AL., Respondents. _____________________ ON WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT ___________________________________________________________________ BRIEF OF PHYSICIANS FOR REPRODUCTIVE HEALTH AS AMICUS CURIAE IN SUPPORT OF PETITIONERS ___________________________________________________________________ Thomas M. Bondy E. Joshua Rosenkranz Susannah Landes Weaver Counsel of Record ORRICK, HERRINGTON & Sarah M. Sternlieb SUTCLIFFE LLP ORRICK, HERRINGTON & 1152 15th Street, NW SUTCLIFFE LLP Washington, DC 20005 51 West 52nd Street New York, NY 10019 (212) 506-5000 [email protected] TABLE OF CONTENTS TABLE OF AUTHORITIES ..................................... ii INTEREST OF AMICUS .......................................... 1 INTRODUCTION AND SUMMARY OF ARGUMENT ................................................... 2 ARGUMENT ............................................................. 5 I. ABORTION PROVIDERS ARE COMMITTED MEDICAL PROFESSIONALS WHO PRIORITIZE WOMEN’S HEALTH. ..................................... 5 A. Providers are highly trained and have an excellent safety record. .......... 7 B. Providers are deeply committed to women’s well-being. ............................. 9 C. Providers persevere even in the face of adversity. ................................ 18 D. Providers respect the need -
Constitutional Rights in Kansas After Hodes & Nauser
Constitutional Rights in Kansas After Hodes & Nauser Richard E. Levy* I. INTRODUCTION In Hodes & Nauser, MDs, P.A. v. Schmidt,1 the Kansas Supreme Court held that section 1 of the Kansas Constitution’s Bill of Rights protects a woman’s fundamental right “to make her own decisions regarding her body, health, family formation, and family life—decisions that can include whether to continue a pregnancy.”2 For the most part, reactions to this long-awaited and controversial decision fell along predictable lines, with pro-choice advocates hailing the decision as an important advancement for women’s reproductive freedoms, and right to life advocates condemning the decision and vowing to reverse it by state constitutional amendment.3 In this Article, I will leave those important but intractable debates to one side and focus on a more practical question: What are the implications of Hodes & Nauser for the interpretation and application of constitutional rights in Kansas? The central premise of this Article is that Hodes & Nauser decouples Kansas individual rights doctrine from the United States Supreme Court’s constitutional rights jurisprudence, with significant implications not only for abortion rights but also for many other constitutional rights.4 When * J.B. Smith Distinguished Professor of Constitutional Law, University of Kansas School of Law. The views expressed in this Article are solely those of the author and do not represent the views of the University of Kansas or the School of Law. 1. 440 P.3d 461, 466 (Kan. 2019) (upholding a trial court order granting a preliminary injunction to prevent enforcement of the Kansas Unborn Child Protection from Dismemberment Abortion Act, KAN. -
Approved: April 06, 2021 MINUTES of the HOUSE FEDERAL AND
Approved: April 06, 2021 MINUTES OF THE HOUSE FEDERAL AND STATE AFFAIRS COMMITTEE The meeting was called to order by Chairperson John Barker at 9:00 am on Friday, January 15, 2021, in room 346-S of the Capitol. All members were present Committee staff present: Connie Bahner, Committee Assistant Jordan Milholland, Legislative Research Department Matt Sterling, Office of Revisor of Statutes Mike Heim, Office of Revisor of Statutes Milesha Segun, Legislative Research Department Conferees appearing before the Committee: Jeanne Gawdun, Kansans for Life Elizabeth Kirk (Webex) Brittany Jones, Family Policy Alliance of Kansas Dr. Johnathan Scrafford (Webex) Dr. Catherine Powers (Webex) Dr. Jacque Pfeifer Ann Marie Alvey, Archdiocese of Kansas City, Kansas, Rachel's Vineyard Post-Abortive Ministry Danette (last name unavailable), Rachel's Vineyard Bob Corkins, Frontier Peace Advisors Nancy Lusk, Former Kansas State Representative Mallory Lanier Megan McQuinn Rachel Sweet, Planned Parenthood Phillip Wood Julie Burkhart, Trust Women Sarah Myose, Unite for Reproductive and Gender Equity Michael Poppa, Mainstream Coalition (Webex) Sandy Brown, Kansas Abortion Fund Margaret Kramar (Webex) Dr. Mae Winchester (Webex) Dr. Angela Martin (Webex) Leslie Butsch (Webex) Elise Higgins, MA (Webex) Others in attendance: No list available Unless specifically noted, the individual remarks recorded herein have not been transcribed verbatim. Individual remarks as reported herein have not been submitted to the individuals appearing before the committee for editing or corrections. Page 1 CONTINUATION SHEET MINUTES of the Committee on Federal and State Affairs at 9:00 am on Friday, January 15, 2021, in room 346-S of the Capitol. Hearing on: HCR5003 — Amending the bill of rights of the constitution of the state of Kansas to reserve to the people the right to regulate abortion through their elected state representatives and senators. -
Regulators Speak
Regulators speak "Every time a women's health clinic closes, it is a huge blow for women and it's very unfortunate. But women must be protected, and there are standards -- as there are for every health care facility -- and every facility needs to abide by the rules." Cheryl Sabel, President,Montgomery chapter of the National Organization for Women Washington Post, Alabama Abortion Clinic to Stay Shut, 6-15-2006 "If abortion is banned, you'll end up with some very severely injured women. Back-street abortions end up with hysterectomies or heavy bleeding and obviously they can die." Anonymous abortion doctor UK Telegraph, Secret world of US abortion doctors, 4-3-2000 The Gov't Reaction to Abortion Clinic Practices "This will make three clinics on probation and one that has lost its license. When four out of ten of the industry gets licensing action, that's a high number. That's a real high number.We're doing a lot more enforcement of other facilities, too. You don't hear about it very much, but it's going on." Rick Harris, Alabama Bureau of Health Provider Standards director The Associated Press, Health dept. wants probation for Birmingham abortion clinic, 11/17/2006 "The days of the back-alley abortions are gone. This was egregious conduct that you were involved in. This type of crime can't go unpunished." ( said a judge in sentencing Liza Berdiel, an abortion clinic employee who performed abortions without a medical license) Judge Peter J. Giovine Asbury Park Press, Abortionist's receptionist sent to jail for illegally performing non-surgical abortion,10/27/2006 Abortion clinic employee, Liza Berdiel's, "behavior is outrageous and without excuse.The motive was to make money. -
Father Joseph Schreck, OFM Cap: Feb
The Southwest Kansas Register ADVANTAGE January 29, 2012 Page 17 PRIESTS ON THE PRAIRIE Father Joseph Schreck, OFM Cap: Feb. 9, 2008 ather Joseph was born April 20, 1927, in a farm house north of Marienthal. He joined the Maryknoll Fathers who sent Join Us for breakfast! F him to study at the Crozier Father’s Seminary in Onarnai, Minn. Clip this coupon for free coffee He transferred to the Capuchins, entering the novitiate at An- napolis, Md., in 1951. There, he was given the name Anthony. He continued his studies at Capuchin College in Washington, D.C. He was ordained to the priesthood on June 11, 1955, by Bishop John B. Franz in the chapel at St. Mary of the Plains College in Dodge City. In 1956, Father Joseph went to Puerto Rico where he spent 51 years as a missionary. He served two years in country chapels; two years in mobile chapels; 12 years as associate pastor, and 20 years as pastor of large parishes in San Juan, Ponce, Utuado, and Rio Piedras. He also directed large combination grade and high schools for 26 years; was spiritual assistant to Secular Franciscan Order fraternities for 25 years; and chaplain for a Father Joseph Schreck, OFM tuberculosis sanatorium for a year. The bishops of San Juan, Cap, was born in 1927 in a farm Ponce, and Arecibo engaged Father Joseph in close collaboration house near Marienthal. for a total of 23 years. Father Joseph died Feb. 9, 2008, at San Pablo Hospital in Shirts with Father Baymon, Puerto Rico. He was 80. -
Legislative Status Report
Legislative Status Report Conditions: {Bill Chamber - House} {Bill Numbers From: 6200 To: 6499} House Resolution No. 6200 (by request) BY Pacheco ENTITLED, HOUSE RESOLUTION RESPECTFULLY REQUESTING THAT THE GOVERNOR OF THE STATE OF RHODE ISLAND EXEMPT RHODE ISLAND'S CITIES AND TOWNS FROM PAYING ALL FUEL TAXES {LC2687/1} 03/09/2005 Introduced, referred to House Finance House Bill No. 6201 SUB A Chapter 95 BY Murphy, Moura, McCauley, Moffitt, Lewiss ENTITLED, AN ACT RELATING TO FILM AND TELEVISION TAX CREDIT {LC2756/4/A} 03/09/2005 Introduced, referred to House Finance 04/07/2005 Scheduled for hearing 04/07/2005 Continued 06/07/2005 Scheduled for hearing and/or consideration 06/07/2005 Committee recommends passage of Sub A 06/07/2005 Placed on House Calendar 06/09/2005 House passed Sub A 06/16/2005 Placed on Senate Calendar 06/21/2005 Senate passed Sub A in concurrence 06/21/2005 Transmitted to Governor 06/29/2005 Effective without Governor's signature House Resolution No. 6202 Resolution 101 BY Carter, Moran, Jacquard, Gallison, Rose ENTITLED, HOUSE RESOLUTION CONGRATULATING MASTER CHIEF ANTONE JOHN RODRIGUES ON HIS RETIREMENT FROM THE UNITED STATES NAVY {LC2773/1} 03/09/2005 House read and passed House Resolution No. 6203 Resolution 100 BY Anguilla, Malik ENTITLED, HOUSE RESOLUTION CONGRATULATING SIR KNIGHT CHARLES ROBERT JINGOZIAN ON HIS ELECTION TO RIGHT EMINENT GRAND COMMANDER OF THE GRAND COMMANDERY OF KNIGHTS TEMPLAR, INC. AND THE APPENDANT ORDERS OF MASSACHUSETTS AND RHODE ISLAND {LC2776/1} 03/09/2005 House read and passed House Bill No. 6204 Act 12 BY Watson ENTITLED, AN ACT TO VACATE THE FORFEITURE OR REVOCATION OF THE CHARTER OF THE ACADEMY PLAYERS {LC2697/1} 03/09/2005 House read and passed 03/10/2005 Placed on the Senate Consent Calendar 03/15/2005 Senate passed in concurrence 03/15/2005 Transmitted to Governor 03/23/2005 Effective without Governor's signature House Bill No. -
Protection of Constitutional Guarantees Under 42 USC Section
Washington and Lee Law Review Volume 49 | Issue 1 Article 15 Winter 1-1-1992 Protection Of Constitutional Guarantees Under 42 U.S.C. Section 1985(3): Operation Rescue'S "Summer Of Mercy" Georgia M. Sullivan Follow this and additional works at: https://scholarlycommons.law.wlu.edu/wlulr Part of the Constitutional Law Commons Recommended Citation Georgia M. Sullivan, Protection Of Constitutional Guarantees Under 42 U.S.C. Section 1985(3): Operation Rescue'S "Summer Of Mercy", 49 Wash. & Lee L. Rev. 237 (1992), https://scholarlycommons.law.wlu.edu/wlulr/vol49/iss1/15 This Note is brought to you for free and open access by the Washington and Lee Law Review at Washington & Lee University School of Law Scholarly Commons. It has been accepted for inclusion in Washington and Lee Law Review by an authorized editor of Washington & Lee University School of Law Scholarly Commons. For more information, please contact [email protected]. PROTECTION OF CONSTITUTIONAL GUARANTEES UNDER 42 U.S.C. SECTION 1985(3): OPERATION RESCUE'S "SUMMER OF MERCY" "[I]f you believe abortion is murder, you must act like it's murder." ' These words, uttered by Randall Terry, the National Director and Founder of the antiabortion group Operation Rescue, are but one example of the intensity and passion that continue to permeate the abortion debate. 2 Al- though the Supreme Court has long revered freedom of speech and freedom of association,3 when such rights incite unlawful conspiratorial actions 1. Nightline: Kansas Judge vs. Operation Rescue and Bush Administration (ABC television broadcast, Aug. 6, 1991) (statement attributed to Randall Terry) [hereinafter Night- line] (unofficial transcript of television show available on LEXIS, Nexis library).