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The Smokescreen Problem in Abortion Jurisprudence
Missouri Law Review Volume 85 Issue 4 Article 10 Fall 2020 The Smokescreen Problem in Abortion Jurisprudence: How the Undue Burden Standard and Long-Term Legislative Tactics Allow Courts to Turn a Blind Eye to True Legislative Intent Lucy Downing Follow this and additional works at: https://scholarship.law.missouri.edu/mlr Part of the Law Commons Recommended Citation Lucy Downing, The Smokescreen Problem in Abortion Jurisprudence: How the Undue Burden Standard and Long-Term Legislative Tactics Allow Courts to Turn a Blind Eye to True Legislative Intent, 85 MO. L. REV. (2020) Available at: https://scholarship.law.missouri.edu/mlr/vol85/iss4/10 This Note is brought to you for free and open access by the Law Journals at University of Missouri School of Law Scholarship Repository. It has been accepted for inclusion in Missouri Law Review by an authorized editor of University of Missouri School of Law Scholarship Repository. For more information, please contact [email protected]. Downing: The Smokescreen Problem in Abortion Jurisprudence: How the Undue NOTE The Smokescreen Problem in Abortion Jurisprudence: How the Undue Burden Standard and Long-Term Legislative Tactics Allow Courts to Turn a Blind Eye to True Legislative Intent Lucy Downing* I. INTRODUCTION The issue of abortion has been passionately debated in this country for many years. For decades, our legal system has recognized that legitimate interests in the subject lie with both women and the State.1 From the time the right of free choice was found to be granted by our Constitution -
2018-2019 Consolidated Annual Report
Planned Parenthood of the St. Louis Region and Southwest Missouri and Affiliated Corporations ANNUAL REPORT 2018-2019 4251 Forest Park Avenue | St. Louis, Missouri 63108 314-531-7526 | www.plannedparenthood.org/stlouis TABLE OF CONTENTS ANNUAL REPORT 2018-2019 5 Introduction 6 Health Services 8 Reproductive Health Services 10 Advocacy 11 2019 Missouri Legislative Session 13 Research 14 Education 16 Development & Fundraising 17 Leadership & Staff 18 Consolidated Financials 2018-2019 | Planned Parenthood Annual Report | 3 4 | 2018-2019 | Planned Parenthood Annual Report Resilient. Courageous. Dedicated. Few superlatives are adequate when describing Planned Parenthood of the St. Louis Region and Southwest Missouri lately. We’ve experienced headwinds driven by extremists in and out of the government, but we have never seen anything like the past year. Whether it was a dangerous law banning abortion, a presidential administration blocking the ability of health care providers to share facts with patients, or a state regulator weaponizing licensing to prevent direct patient care, the 2018-19 fiscal year was turbulent. But amidst that volatile time, we also found optimism and hope. While most other organizations would have struggled to survive, Planned Parenthood thrived. Powerful interests wanted to shut us down, but each time they failed. We are still here. Not only are we still here, we’re fully engaged in planning for the future. We are leveraging technology and expanding our services. We are assessing the needs of our region, and planning new ways to meet our patients where they are, providing the essential services they need. Planned Parenthood has been a part of this community since 1932, and we’re not going anywhere. -
Abortion Providers Facing Threats, Restrictions, and Harassment Abortion Providers Facing Threats, Restrictions, and Harassment
Abortion Providers Facing Threats, Restrictions, and Harassment Abortion Providers Facing Threats, Restrictions, and Harassment © 2009 Center for Reproductive Rights Printed in the United States Any part of this report may be copied, translated, or adapted with permission from the authors, provided that the parts copied are distributed free or at cost (not for profit) and the Center for Reproductive Rights is acknowledged as the author. Any commercial reproduction requires prior written permission from the Center for Reproductive Rights. The Center for Reproductive Rights would appreciate receiving a copy of any materials in which information from this report is used. Center for Reproductive Rights 120 Wall Street, 14th Floor New York, NY 10005 United States Tel +1 917 637 3600 Fax +1 917 637 3666 [email protected] www.reproductiverights.org TABLE OF CONTENTS 7 FOREWORD 11 ACKNOWLEDGEMENTS 12 GLOssary 14 EXECUTIVE SUMMary 20 INTRODUCTION 22 BACKGROUND 22 Abortion in the United States 24 U.S. Legal Framework on Abortion 25 History of Harassment, Intimidation, and Violence against Abortion Providers in the U.S. 26 HUMAN RIGHTS FRAMEWORK 26 Human Rights and Human Rights Defenders 28 Reproductive Rights Are Human Rights 29 Reproductive Rights Activists Are Human Rights Defenders 31 Healthcare Providers Are Human Rights Defenders 31 U.S. Abortion Providers Are Human Rights Defenders 32 APPLIcatION OF HUMAN RIGHTS FRAMEWORK TO SELECT FINDINGS 33 Violations of Reproductive Rights Reverend Paul Schenck of the anti-abortion group Operation -
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 ��������������������������������������������������������������������������������������������������������������������������������������� -
Webster's Uncertain Effect on Current and Future Abortion Legislation
Missouri Law Review Volume 55 Issue 1 Winter 1990 Article 17 Winter 1990 Of Winks and Nods - Webster's Uncertain Effect on Current and Future Abortion Legislation Randall D. Eggert Andrew J. Klinghammer Jeanne Morrison Follow this and additional works at: https://scholarship.law.missouri.edu/mlr Part of the Law Commons Recommended Citation Randall D. Eggert, Andrew J. Klinghammer, and Jeanne Morrison, Of Winks and Nods - Webster's Uncertain Effect on Current and Future Abortion Legislation, 55 MO. L. REV. (1990) Available at: https://scholarship.law.missouri.edu/mlr/vol55/iss1/17 This Article is brought to you for free and open access by the Law Journals at University of Missouri School of Law Scholarship Repository. It has been accepted for inclusion in Missouri Law Review by an authorized editor of University of Missouri School of Law Scholarship Repository. For more information, please contact [email protected]. Eggert et al.: Eggert: Of Winks and Nods "Of Winks and Nods" - Webster's Uncertain Effect on Current and Future Abortion Legislation Webster v. Reproductive Health Services' INTRODUCTION Perhaps no other decision by the Supreme Court in its last term received as much attention as the long-awaited ruling in Webster v. Reproductive Health Services. Webster concerned the constitutionality of various provisions regulating abortion in Missouri. The Supreme Court upheld the validity of each of the statutory provisions it ad- dressed. Nevertheless, each was dealt with in a manner that did not disturb any major aspect of abortion law as it has developed since Roe v. Wade.2 The Webster decision does reflect the possibility of a change in the near future concerning the standard to be used in evaluating the validity of state abortion regulations.3 The opinion also reflects the widely differing views of the justices concerning the Roe framework, which measures the competing interests regarding abortion throughout a pregnancy. -
U:\Reproductive Health Care
EXAMINING STATE EFFORTS TO UNDERMINE ACCESS TO REPRODUCTIVE HEALTH CARE HEARING BEFORE THE COMMITTEE ON OVERSIGHT AND REFORM HOUSE OF REPRESENTATIVES ONE HUNDRED SIXTEENTH CONGRESS FIRST SESSION NOVEMBER 14, 2019 Serial No. 116–71 Printed for the use of the Committee on Oversight and Reform ( Available on: http://www.govinfo.gov http://www.oversight.house.gov http://www.docs.house.gov U.S. GOVERNMENT PUBLISHING OFFICE 38–554 PDF WASHINGTON : 2019 COMMITTEE ON OVERSIGHT AND REFORM CAROLYN B. MALONEY, New York, Acting Chairwoman ELEANOR HOLMES NORTON, District of JIM JORDAN, Ohio, Ranking Minority Member Columbia PAUL A. GOSAR, Arizona WM. LACY CLAY, Missouri VIRGINIA FOXX, North Carolina STEPHEN F. LYNCH, Massachusetts THOMAS MASSIE, Kentucky JIM COOPER, Tennessee MARK MEADOWS, North Carolina GERALD E. CONNOLLY, Virginia JODY B. HICE, Georgia RAJA KRISHNAMOORTHI, Illinois GLENN GROTHMAN, Wisconsin JAMIE RASKIN, Maryland JAMES COMER, Kentucky HARLEY ROUDA, California MICHAEL CLOUD, Texas KATIE HILL, California BOB GIBBS, Ohio DEBBIE WASSERMAN SCHULTZ, Florida RALPH NORMAN, South Carolina JOHN P. SARBANES, Maryland CLAY HIGGINS, Louisiana PETER WELCH, Vermont CHIP ROY, Texas JACKIE SPEIER, California CAROL D. MILLER, West Virginia ROBIN L. KELLY, Illinois MARK E. GREEN, Tennessee MARK DESAULNIER, California KELLY ARMSTRONG, North Dakota BRENDA L. LAWRENCE, Michigan W. GREGORY STEUBE, Florida STACEY E. PLASKETT, Virgin Islands FRANK KELLER, Pennsylvania RO KHANNA, California JIMMY GOMEZ, California ALEXANDRIA OCASIO-CORTEZ, New York AYANNA PRESSLEY, Massachusetts RASHIDA TLAIB, Michigan DAVID RAPALLO, Staff Director MILES LICHTMAN, Professional Staff Member JENNIFER GASPER, Counsel JOSHUA ZUCKER, Clerk CHRISTOPHER HIXON, Minority Staff Director CONTACT NUMBER: 202-225-5051 (II) CONTENTS Page Hearing held on November 14, 2019 ..................................................................... -
No. 87321 in the SUPREME COURT of MISSOURI PLANNED
No. 87321 IN THE SUPREME COURT OF MISSOURI PLANNED PARENTHOOD OF KANSAS AND MID-MISSOURI, et al., Appellants, v. JEREMIAH W. NIXON, Attorney General of Missouri, in his official capacity, et al., Appellees. On Appeal from the Circuit Court of Jackson County, Missouri APPELLANTS’ BRIEF Arthur A. Benson Eve C. Gartner Jamie Kathryn Lansford #31133 Roger K. Evans Arthur Benson & Associates Planned Parenthood Federation of 4006 Central Avenue (Courier Zip: 64111) America, Inc. P.O. Box 119007 434 W. 33rd Street Kansas City, Missouri 64171-9007 New York, New York 10001 Telephone: (816) 531-6565 Telephone: (212) 541-7800 Facsimile: (816) 531-6688 Facsimile: (212) 247-6811 [email protected] [email protected] [email protected] [email protected] Attorneys for Appellants TABLE OF CONTENTS Page TABLE OF CONTENTS..........................................................................................1 TABLE OF AUTHORITIES ....................................................................................7 JURISDICTIONAL STATEMENT .......................................................................15 INTRODUCTION ..................................................................................................15 STATEMENT OF FACTS .....................................................................................18 A. The Challenged Statute.....................................................................18 B. The Instant Litigation and the Trial Court Ruling............................20 C. Background Facts .............................................................................23 -
Examining Access to Reproductive Health Services for Low-Income Women in St. Louis, Missouri
November 2019 | Issue Brief Examining Access to Reproductive Health Services for Low-Income Women in St. Louis, Missouri KFF: Usha Ranji, Michelle Long, and Alina Salganicoff Health Management Associates: Sharon Silow-Carroll and Carrie Rosenzweig Introduction Over the past couple of decades, Missouri has increasingly become a battleground for reproductive rights and health services. The state has passed a number of regulations that restrict access to reproductive care, and in May 2019, along with several other states, the Republican-controlled Missouri state legislature passed a law banning abortions after 8 weeks. As of this publication, it is temporarily blocked by a federal judge as a legal challenge plays out in court. State regulatory policies and enforcement actions put Missouri at risk of becoming the first state with no operating abortion clinic since Roe v. Wade was decided in 1973. In addition to restrictions on abortion access, Missouri has not expanded Medicaid eligibility under the ACA. In contrast to the rest of the state, St. Louis stands out as a liberal area, electing Democrats as mayor of the City of St. Louis and to the state senate and House of Representatives.1 The St. Louis metropolitan area (Figure 1) is highly segregated and deep health disparities exist between black and white residents. The region is federally-designated as medically underserved and as a health professional shortage area. One recent study found that there was an 18-year difference in life expectancy between the wealthier, predominantly white, suburbs of Clayton and North St. Louis City, a majority Black area less than 10 miles away. -
The Meaning of Life: Belief and Reason in the Abortion Debate
City University of New York (CUNY) CUNY Academic Works Publications and Research CUNY School of Law 2009 The Meaning of Life: Belief and Reason in the Abortion Debate Caitlin Borgmann CUNY School of Law How does access to this work benefit ou?y Let us know! More information about this work at: https://academicworks.cuny.edu/cl_pubs/143 Discover additional works at: https://academicworks.cuny.edu This work is made publicly available by the City University of New York (CUNY). Contact: [email protected] THE MEANING OF "LIFE": BELIEF AND REASON IN THE ABORTION DEBATE CAITLIN E. BORGMANN* In 1993, a man named Michael Griffin killed David Gunn, a forty- seven-year-old doctor who provided abortions at a clinic in Pensacola, Florida. Before shooting Gunn three times in the back, Griffin yelled, "Don't kill any more babies!"' According to news reports, protestors present at the clinic that day, members of a "militant" anti-abortion-rights group, were elated, shouting, "Praise God! Praise God! One of the baby- killers is dead.",2 Yet "mainstream" anti-abortion-rights groups, who are more representative of the majority of abortion-rights opponents, were 3 4 quick to renounce the murder, sensing "a public-relations disaster." In August 2008, then-presidential nominees Senators Barack Obama and John McCain appeared separately at a religious forum hosted by best-selling author and evangelical pastor, Rick Warren. Warren asked * Professor of Law, CUNY School of Law; B.A., Yale University; J.D., New York University School of Law. I am grateful for the helpful comments of Albert Borgmann, Jeff Kirchmeier, Margaret Little, John D. -
2019-2020 Consolidated Annual Report
Contents 04 06 08 10 Letter from CEO Year in Review Clinical Services Who We Serve 13 20 24 28 Ensuring Access Sex Education Living Our Values Finance & to Care Leadership 2020 Annual Report | 3 A Message Yamelsie Rodrìguez President and CEO, Planned Parenthood of from Yamelsie the St. Louis Region and Southwest Missouri Planned Parenthood of the St. Louis Region and Southwest Dr. McNicholas brings more than 10 years of experience to Missouri has changed the lives of countless people since we the position as an obstetrician gynecologist with a strong track opened our doors in 1932. Our mission never waivers: to record of high-quality patient care and impactful reproductive provide affordable, high quality and nonjudgmental sexual and health advocacy. Also joining the team was April Mickens reproductive health care; honest and accurate sexual health Jolly as VP of Patient Services and Bill Dean as VP of Finance. education; and fearless advocacy for reproductive freedom. That’s With their leadership, PPSLRSWMO is forging a bold path for our mission today and it will be our mission tomorrow. We’re not the organization’s future during this critical moment for our apologizing or compromising, and we’re not going anywhere. movement. The threats we face today are extraordinary. Politicians at all levels Our Education team expanded and is now offering continue to wage relentless attacks on our bodies, lives, and comprehensive sex education services in Southwest Illinois. future. Yet, PPSLRSWMO never backs down because we know our Additionally, Teen Advocates for Sexual Health (TASH), our St. patients rely on us for essential health care. -
Supreme Court of the United States
Nos. 18-1323, 18-1460 IN THE Supreme Court of the United States JUNE MEDICAL SERVICES L.L.C., et al., Petitioners, v. DR. REBEKAH GEE, Secretary, Louisiana Department of Health and Hospitals, Respondent. –––––––––––––––––––––––––––––– DR. REBEKAH GEE, Secretary, Louisiana Department of Health and Hospitals, Cross-Petitioner, v. JUNE MEDICAL SERVICES L.L.C., et al., Cross-Respondents. ON WRITS OF CERTIORARI TO THE UNITED STATES CouRT OF APPEALS FOR THE FIFTH CIRcuIT BRIEF OF AMICI CURIAE 197 MEMBERS OF CONGRESS IN SUPPORT OF PETITIONERS CLAUDE G. SZYFER Counsel of Record MICHELE L. PAHMER JULIE G. MATOS PAMELA S. TAKEFMAN STROOCK & STROOCK & LAVAN LLP 180 Maiden Lane New York, NY 10038 (212) 806-5400 [email protected] Counsel for Amici Curiae 292035 A complete list of the 36 U.S. Senators and the 161 Members of the U.S. House of Representatives participating as amici curiae is provided as an appendix to the brief. Among them are: SEN. CHUCK SCHUMER SPEAKER NANCY PELOSI SEN. DIANNE FEINSTEIN REP. FRANK PALLONE, JR. SEN. PATTY MURRAY REP. JERROLD NADLER SEN. RICHARD BLUMENTHAL REP. DIANA DEGETTE REP. BARBARA LEE REP. JUDY CHU i TABLE OF CONTENTS Page TABLE OF CONTENTS..........................i TABLE OF CITED AUTHORITIES ..............iii Interests of AMICI CURIAE .................1 SUMMARY OF THE ARGUMENT................3 ARGUMENT....................................5 I. The Right to Decide Whether and When to Have A Child and the Right to Effectuate That Decision is Protected by the United States Constitution ...5 II. Respect for The Rule of Law is Critical to Our Nation...............7 A. State Legislatures Are Bound by This Court’s Precedent ......................9 B. -
Witness Appearance Form
MISSOURI HOUSE OF REPRESENTATIVES WITNESS APPEARANCE FORM BILL NUMBER: DATE: HB 431 4/14/2021 COMMITTEE: Children and Families TESTIFYING: IN SUPPORT OF IN OPPOSITION TO FOR INFORMATIONAL PURPOSES WITNESS NAME INDIVIDUAL: WITNESS NAME: PHONE NUMBER: ARNIE C. "HONEST-ABE" DIENOFF-STATE PUBLIC ADVOCAT BUSINESS/ORGANIZATION NAME: TITLE: ADDRESS: CITY: STATE: ZIP: EMAIL: ATTENDANCE: SUBMIT DATE: [email protected] Written 4/14/2021 1:47 AM THE INFORMATION ON THIS FORM IS PUBLIC RECORD UNDER CHAPTER 610, RSMo. I am in Spport of this Bill on its face as presented. MISSOURI HOUSE OF REPRESENTATIVES WITNESS APPEARANCE FORM BILL NUMBER: DATE: HB 431 4/14/2021 COMMITTEE: Children and Families TESTIFYING: IN SUPPORT OF IN OPPOSITION TO FOR INFORMATIONAL PURPOSES WITNESS NAME REGISTERED LOBBYIST: WITNESS NAME: PHONE NUMBER: JAMIE MORRIS REPRESENTING: TITLE: MO CATHOLIC CONFERENCE ADDRESS: CITY: STATE: ZIP: MO EMAIL: ATTENDANCE: SUBMIT DATE: [email protected] In-Person 4/13/2021 10:15 AM THE INFORMATION ON THIS FORM IS PUBLIC RECORD UNDER CHAPTER 610, RSMo. The Missouri Catholic Conference (MCC) supports HB 431The Missouri Catholic Conference supports legislation that supports a culture of life and defends against attacks on human life and dignity. Our Catholic faith informs us that we are made in the image of God and that our human bodies share in the dignity of this image. (Catechism of the Catholic Church ¶ 364) As such, the Church teaches us that the bodies of the dead must be treated with respect and charity and that the burial of the dead is a corporal work of mercy. (CCC ¶ 2300) HB 43 would establish new procedures for the disposition of fetal remains after an abortion.