Current Public Policy on Abortion
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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. -
Born Alive Infant Protection Act (SB 9)
Born Alive Infant Protection Act (SB 9) Why is this necessary? • January 23, 2019: New York enacts legislation legalizing abortion until the moment of birth to a standing ovation. They continue the celebration by lighting the top of One World Trade Center pink.i • January 30, 2019: Virginia's Democratic Gov. Ralph Northam when discussing a late-term abortion bill tells WTOP radio, “The infant would be delivered; the infant would be kept comfortable; the infant would be resuscitated if that’s what the mother and the family desire, and then a discussion would ensue between the physicians and the mother.” This comment brings the discussion on state-endorsed infanticide to the mainstream.ii • January 31, 2019: Sen. Ben Sasse (R- NE) files the Born-Alive Abortion Survivors Protection Act (S. 311) in Congress requiring doctors to provide the proper degree of care to abortion survivors.iii • February 25, 2019: S. 311 is voted down 53 yeas– 44 nays. • January 13, 2020: KY Sen. Whitney Westerfield (R- Crofton) files the Born- Alive Infant Protection Act (SB 9), a variation of Sen. Sasse’s bill but applied at the state level.iv • February 25, 2020: S. 311 is voted down a second year in a row 56 yeas- 41 nays. • April 15, 2020: SB 9 passes the KY House of Representatives. Sent to Gov. Beshear’s desk. April 24, 2020: SB 9 is vetoed by Gov. Beshear. • January 22, 2021: A refiled SB 9 becomes law without Gov. Beshear’s signature after passing through the legislature. The left’s disregard if the unborn. -
Confidential and Legal Access to Abortion and Contraception, 1960-2019
Confidential and legal access to abortion and contraception, 1960-2019 Caitlin Knowles Myers* March 2021 Abstract An expansive empirical literature estimates the causal effects of policies governing young women’s confidential and legal access to contraception and abortion. I present a new review of changes in the historical policy environment that serve as the foundation of this work. I consult primary sources including annotated statutes, judicial rulings, attorney general opinions, and advisory articles in medical journals, as well as secondary sources including newspaper articles and snapshots of various policy environments prepared by scholars, advocates, and government organizations. Based on this review, I provide a suggested coding of the policy environment from 1960 to present. I also present and compare the legal coding schemes used in the empirical literature and where possible I resolve numerous and substantial discrepancies. * John G. McCullough Professor of Economics at Middlebury College and Research Fellow, IZA. I am grateful to Martha Bailey, Randall Cragun, Melanie Guldi, Theodore Joyce, and Joseph Sabia for helpful and insightful conversations on the legal coding. I additionally wish to thank Birgitta Cheng, Kathryn Haderlein and Madeleine Niemi for expert research assistance. Table of Contents 1 Introduction ............................................................................................................................. 3 2 Overview of the policy environment ..................................................................................... -
REPRODUCTIVE RIGHTS in the AGE of HUMAN RIGHTS Pro牛
ALISA VON HAGEL & DANIELA MANSBACH REPRODUCTIVE RIGHTS IN THE AGE OF HUMAN RIGHTS - Reproductive Rights in the Age of Human Rights Alisa Von Hagel • Daniela Mansbach Reproductive Rights in the Age of Human Rights Pro-life Politics from Roe to Hobby Lobby Alisa Von Hagel Daniela Mansbach University of Wisconsin University of Wisconsin Superior, WI , USA Superior, WI , USA ISBN 978-1-137-53951-9 ISBN 978-1-137-53952-6 (eBook) DOI 10.1057/978-1-137-53952-6 Library of Congress Control Number: 2016937740 © The Editor(s) (if applicable) and The Author(s) 2016 This work is subject to copyright. All rights are solely and exclusively licensed by the Publisher, whether the whole or part of the material is concerned, specifi cally the rights of translation, reprinting, reuse of illustrations, recitation, broadcasting, reproduction on microfi lms or in any other physical way, and transmission or information storage and retrieval, electronic adaptation, computer software, or by similar or dissimilar methodology now known or hereafter developed. The use of general descriptive names, registered names, trademarks, service marks, etc. in this publication does not imply, even in the absence of a specifi c statement, that such names are exempt from the relevant protective laws and regulations and therefore free for general use. The publisher, the authors and the editors are safe to assume that the advice and information in this book are believed to be true and accurate at the date of publication. Neither the publisher nor the authors or the editors give a warranty, express or implied, with respect to the material contained herein or for any errors or omissions that may have been made. -
EMW Women's Surgical Center, Et Al. V. Friedlander
RECOMMENDED FOR PUBLICATION Pursuant to Sixth Circuit I.O.P. 32.1(b) File Name: 20a0332p.06 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT EMW WOMEN’S SURGICAL CENTER, P.S.C., on behalf ┐ of itself, its staff, and its patients; ERNEST MARSHALL, │ M.D., on behalf of himself and his patients, │ Plaintiffs-Appellees, │ │ > No. 18-6161 PLANNED PARENTHOOD OF INDIANA AND KENTUCKY, │ INC., │ Intervenor Plaintiff-Appellee, │ │ │ v. │ │ ERIC FRIEDLANDER, in his official capacity as │ Secretary of Kentucky’s Cabinet for Health and │ Family Services; ANDREW G. BESHEAR, Governor of │ Kentucky, in his official capacity, │ │ Defendants-Appellants, │ │ DANIEL J. CAMERON, Attorney General of the │ Commonwealth of Kentucky, │ Intervenor. │ ┘ Appeal from the United States District Court for the Western District of Kentucky at Louisville. No. 3:17-cv-00189—Gregory N. Stivers, District Judge. Argued: August 8, 2019 Decided and Filed: October 16, 2020 Before: CLAY, LARSEN, and READLER, Circuit Judges. _________________ COUNSEL ARGUED: S. Chad Meredith, OFFICE OF THE GOVERNOR, Frankfort, Kentucky, for Appellants. Easha Anand, ORRICK, HERRINGTON & SUTCLIFFFE LLP, San Francisco, No. 18-6161 EMW Women’s Surgical Center, et al. v. Friedlander, et al. Page 2 California, for Appellee Planned Parenthood of Indiana and Kentucky, Inc. Brigitte Amiri, AMERICAN CIVIL LIBERTIES UNION FOUNDATION, New York, New York, for Appellees Women’s Surgical Center, P.S.C. and Ernest Marshall, M.D. ON BRIEF: S. Chad Meredith, M. Stephen Pitt, Matthew F. Kuhn, OFFICE OF THE GOVERNOR, Frankfort, Kentucky, for Appellants. Easha Anand, Karen G. Johnson-McKewan, ORRICK, HERRINGTON & SUTCLIFFFE LLP, San Francisco, California, Carrie Y. Flaxman, PLANNED PARENTHOOD FEDERATION OF AMERICA, Washington, D.C., Michael P. -
Download the PDF Version Including House and Senate Voting Scorecards
2016 LEGISLATIVE REPORT the conservative legislature from attacking Floridian’s Overview access to reproductive healthcare. In an unprecedented legislative session, elected officials introduced four onerous bills which didn’t just restrict The Florida Alliance of Planned Parenthood Affiliates is access to reproductive health services but attempted to the advocacy and political arm of Planned Parenthood end all access to abortion care in the state. In addition for health centers in Florida and represents the interests the first time, the Florida legislature attempted to defund of 22 health centers statewide, 15 of which provide Planned Parenthood health centers through the budget abortion care. Floridians know they can count on Planned process. The “Florida for Life Act” filed by Representative Parenthood for nonjudgmental, compassionate and Charles Van Zant attempted to ban all abortion services in affordable quality care. With nearly 70% of Planned the state and urged the United States Supreme Court to Parenthood health centers in medically underserved overturn Roe v Wade. The legislation has been filed for the areas or physician shortage areas, Planned Parenthood past seven years of the Representative’s legislative term is a reliable provider for communities in need. For years, but had never received a committee hearing because Planned Parenthood patients have experienced funding of constitutional concerns. This session, for the first time cuts to county health departments and preventive health ever, this unconstitutional legislation was heard in the services. Each year since 2012, Florida has experienced Civil Justice Subcommittee and passed favorably with 8 HIV infections rise even as they decline across the Republican yeas, 2 Democratic nays and 1 Republican country. -
Planned Parenthood of Southwest and Central Florida Inc. V. Philip
Case 4:16-cv-00321-RH-CAS Document 1 Filed 06/02/16 Page 1 of 49 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA Tallahassee Division PLANNED PARENTHOOD OF SOUTHWEST AND CENTRAL FLORIDA, and PLANNED PARENTHOOD OF SOUTH FLORIDA AND THE TREASURE COAST D/B/A No. ____________ PLANNED PARENTHOOD OF SOUTH, EAST, AND NORTH FLORIDA, Plaintiffs, v. CELESTE PHILIP, in her official capacity as State Surgeon General and Secretary of Health, Florida Department of Health, and ELIZABETH DUDEK, in her official capacity as Secretary, Florida Agency for Health Care Administration, Defendants. COMPLAINT FOR INJUNCTIVE AND DECLARATORY RELIEF Plaintiffs, by and through their attorneys, bring this Complaint against the above-named Defendants, their employees, agents, delegatees, and successors in office, and in support thereof state the following: Case 4:16-cv-00321-RH-CAS Document 1 Filed 06/02/16 Page 2 of 49 INTRODUCTORY STATEMENT 1. This civil action is brought pursuant to 42 U.S.C. § 1983 to vindicate rights secured by the Due Process and Equal Protection Clauses of the U.S. Constitution, the Fourth Amendment to the U.S. Constitution, and the right to privacy and equal protection under the Florida Constitution. 2. Seeking to punish, harass, and stigmatize the state’s abortion providers for their and their patients’ exercise of constitutional rights, the Florida legislature has enacted HB 1411 (“HB 1411” or the “Act”), an omnibus abortion restrictions bill which, if permitted to take effect in its entirety, threatens to reduce access to basic reproductive health care for thousands of Florida residents. -
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 -
United States District Court Western District of Kentucky Louisville Division
Case 3:18-cv-00224-JHM-RSE Document 126 Filed 05/10/19 Page 1 of 27 PageID #: 5724 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF KENTUCKY LOUISVILLE DIVISION CIVIL ACTION NO: 3:18-CV-00224-JHM EMW WOMEN’S SURGICAL CENTER, P.S.C., et al. PLAINTIFFS V. ADAM W. MEIER et al. DEFENDANTS MEMORANDUM OPINION INCORPORATING FINDINGS OF FACT AND CONCLUSIONS OF LAW This matter came before the court for a bench trial that commended on November 13, 2018 and concluded on November 19, 2018. The court has reviewed the parties’ post-trial briefs and the evidence at trial, and its findings of facts and conclusions of law are set forth below. I. BACKGROUND A. Procedural History Plaintiffs, a Kentucky abortion facility and its two board-certified obstetrician-gynecologists (“OB-GYN”) Drs. Ashlee Bergin and Tanya Franklin, challenge the constitutionality of a recently enacted Kentucky abortion law. The law at issue regulates second-trimester abortion procedures and is included in House Bill 454 (“H.B. 454” or “the Act”). Plaintiffs allege that the Act’s requirement that Kentucky physicians perform a fetal-demise procedure prior to performing the evacuation phase of a standard Dilation and Evacuation (“D&E”) abortion—the principal second-trimester abortion method nationally—is a substantial obstacle to a woman’s right to choose a lawful pre-viability second-trimester abortion. As such, Plaintiffs argue H.B. 454 is unconstitutional. More specifically, the individual Plaintiffs assert that, if the Act goes into effect, they will stop performing standard D&E abortions altogether due to ethical and legal concerns regarding compliance with the law, thereby rendering abortions Case 3:18-cv-00224-JHM-RSE Document 126 Filed 05/10/19 Page 2 of 27 PageID #: 5725 unavailable in the Commonwealth of Kentucky starting at 15.0 weeks from the date of a woman’s last menstrual period (“LMP”).1 Defendants respond that the Act has neither the purpose nor the effect of placing an undue burden on a woman seeking a second-trimester abortion. -
Committee Meeting Expanded Agenda
2019 Regular Session The Florida Senate COMMITTEE MEETING EXPANDED AGENDA HEALTH POLICY Senator Harrell, Chair Senator Berman, Vice Chair MEETING DATE: Monday, April 8, 2019 TIME: 12:30—3:30 p.m. PLACE: Pat Thomas Committee Room, 412 Knott Building MEMBERS: Senator Harrell, Chair; Senator Berman, Vice Chair; Senators Baxley, Bean, Book, Cruz, Diaz, Hooper, Mayfield, and Rouson BILL DESCRIPTION and TAB BILL NO. and INTRODUCER SENATE COMMITTEE ACTIONS COMMITTEE ACTION 1 Presentation on Prescription Medicines: Share the Savings Saumil Pandya, Deputy Vice Presented President Policy & Research, PhRMA 2 SB 1620 Health Care Licensing Requirements; Designating the Fav/CS Gainer "Exemption of License Requirements for the Yeas 9 Nays 0 (Compare CS/H 885) Treatment of Veterans Act"; exempting certain health care practitioners from specified licensing requirements when providing certain services to veterans in this state, etc. HP 04/08/2019 Fav/CS AHS AP 3 SB 258 Genetic Information Used for Insurance Purposes; Fav/CS Bean Prohibiting life insurers and long-term care insurers, Yeas 9 Nays 0 (Similar CS/H 879) except under certain circumstances, from canceling, limiting, or denying coverage, or establishing differentials in premium rates, based on genetic information; prohibiting such insurers from taking certain actions relating to genetic information for any insurance purpose, etc. BI 03/11/2019 Favorable HP 04/01/2019 Temporarily Postponed HP 04/08/2019 Fav/CS RC S-036 (10/2008) 04082019.1608 Page 1 of 3 COMMITTEE MEETING EXPANDED AGENDA Health -
EMW Women's Surgical Center V. Meier
No. _______ IN THE Supreme Court of the United States EMW WOMEN’dS SURGICAL CENTER, P.S.C., ON BEHALF OF ITSELF, ITS STAFF, AND ITS PATIENTS; ERNEST MARSHALL, M.D., ON BEHALF OF HIMSELF AND HIS PATIENTS; ASHLEE BERGIN, M.D., ON BEHALF OF HERSELF AND HER PATIENTS; TANYA FRANKLIN, M.D., ON BEHALF OF HERSELF AND HER PATIENTS, —v.— Petitioners, ADAM MEIER, IN HIS OFFICIAL CAPACITY AS SECRETARY OF THE KENTUCKY CABINET FOR HEALTH AND FAMILY SERVICES, Respondent. ON PETITION FOR A WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT PETITION FOR A WRIT OF CERTIORARI Jeffrey L. Fisher Alexa Kolbi-Molinas O’MELVENY & MYERS LLP Counsel of Record 2765 Sand Hill Road Andrew D. Beck Menlo Park, CA 94025 Meagan Burrows Heather Gatnarek Jennifer Dalven AMERICAN CIVIL LIBERTIES ACLU OF KENTUCKY UNION FOUNDATION FOUNDATION, INC. 325 W. Main Street, Suite 2210 125 Broad Street Louisville, KY 40202 New York, NY 10004 (212) 549-2500 Amy D. Cubbage [email protected] ACLU OF KENTUCKY David D. Cole FOUNDATION, INC. 734 W. Main Street, Suite 200 AMERICAN CIVIL LIBERTIES Louisville, KY 40202 UNION FOUNDATION 915 15th Street, NW Washington, DC 20005 (Counsel continued on inside cover) Anton Metlitsky Leah Godesky Jennifer B. Sokoler Kendall Turner O’MELVENY & MYERS LLP 7 Times Square New York, NY 10036 QUESTION PRESENTED The Kentucky Ultrasound Informed Consent Act (House Bill 2) requires a physician, while performing a pre-abortion ultrasound, to (i) describe the ultrasound in a manner prescribed by the state; (ii) display the ultrasound image so that the patient may see it; and (iii) auscultate (make audible) the fetal heart tones. -
AMERICA: How Legislative Overreach Is Turning Reproductive Rights Into Criminal Wrongs Copyright © 2021 National Association of Criminal Defense Lawyers
ABORTION IN AMERICA: How Legislative Overreach Is Turning Reproductive Rights Into Criminal Wrongs Copyright © 2021 National Association of Criminal Defense Lawyers This work is licensed under the Creative Commons Attribution-NonCommercialNoDerivatives 4.0 International License. To view a copy of this license, visit http://creativecommons.org/licenses/by-nc- nd/4.0/. It may be reproduced, provided that no charge is imposed, and the National Association of Criminal Defense Lawyers (NACDL) is acknowledged as the original publisher and the copyright holder. For any other form of reproduction, please contact NACDL. For more information contact: National Association of Criminal Defense Lawyers® 1660 L Street NW, 12th Floor, Washington, DC 20036 Phone 202-872-8600 www.NACDL.org/Foundation This publication is available online at www.NACDL.org/AbortionCrimReport ABORTION IN AMERICA: How Legislative Overreach Is Turning Reproductive Rights Into Criminal Wrongs Martín Antonio Sabelli President, NACDL San Francisco, CA Christopher W. Adams Immediate Past President, NACDL Charleston, SC Lisa M. Wayne President, NFCJ Denver, CO Norman L. Reimer Executive Director, NACDL & NFCJ Washington, DC Subcommittee of Women in Criminal Defense Committee Nina J. Ginsberg Alexandria, VA Lindsay A. Lewis New York, NY C. Melissa “Missy” Owen Charlotte, NC CONTENTS About the National Association of Criminal Defense Lawyers and the NACDL Foundation for Criminal Justice . .1 Preface. 2 Foreword . 3 Acknowledgements ���������������������������������������������������������������������������������������������������������������������������������������