November 2015 Supreme Court Agrees to Hear Lawsuit Challenging Texas’ Pro-Life Law by Dave Andrusko
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DAVID S. COHEN Drexel University Thomas R
DAVID S. COHEN Drexel University Thomas R. Kline School of Law 3320 Market St. Philadelphia, PA 19104 (215)571-4714 [email protected] TEACHING EXPERIENCE DREXEL UNIVERSITY THOMAS R. KLINE SCHOOL OF LAW, Philadelphia, PA 2006-current Professor of Law Teach Constitutional Law courses and Sex, Gender, and the Law. AWARDS: Dean Jennifer L. Rosato Excellence in the Classroom Award (2009, 2010, 2012, 2015, 2016) Abortion Care Network Person of the Year (2016) Center for Reproductive Rights Innovation in Scholarship Award (2015) UNIVERSITY OF PENNSYLVANIA LAW SCHOOL, Philadelphia, PA 2003-06 Lecturer-in-Law Taught upper-level seminar each spring entitled “Sex Discrimination and the Law.” UNIVERSITY OF PENNSYLVANIA, Philadelphia, PA 2004-05 Adjunct Professor Taught undergraduate seminar each fall entitled “Law and Social Policy of Sex and Reproduction.” LONG ISLAND UNIVERSITY, Brooklyn, NY 2000-01 Adjunct Assistant Professor Developed and taught graduate-level political science classes entitled “The American Constitution and Political System” and “Current Topics in Law and Politics.” EDUCATION COLUMBIA UNIVERSITY SCHOOL OF LAW, J.D. 1997 Honors: Harlan Fiske Stone Scholar, 1994-97 Public Interest Commitment Award Columbia Human Rights Fellowship Activities: Columbia Human Rights Law Review, Managing Editor/Head Articles Editor Columbia Journal of Gender and Law, Articles Editor Professor Kimberlé Crenshaw, Research Assistant DARTMOUTH COLLEGE, B.A. in Philosophy with Women’s Studies minor, 1994 JUDICIAL CLERKSHIPS U.S. COURT OF APPEALS, NINTH CIRCUIT, Santa Ana, CA 1998-99 Judicial Law Clerk for the Honorable Warren J. Ferguson 1 SUPREME COURT OF NEW JERSEY, Trenton, NJ 1997-98 Judicial Law Clerk for the Honorable Alan B. -
J-A21004-14 2015 PA Super 12 COMMONWEALTH OF
J-A21004-14 2015 PA Super 12 COMMONWEALTH OF PENNSYLVANIA, IN THE SUPERIOR COURT OF PENNSYLVANIA Appellee v. EILEEN O’NEIL, Appellant No. 2506 EDA 2013 Appeal from the Judgment of Sentence July 15, 2013 In the Court of Common Pleas of Philadelphia County Criminal Division at No(s): CP-51-CR-0001668-2011 BEFORE: BOWES, OTT, and STRASSBURGER,* JJ. OPINION BY BOWES, J.: FILED JANUARY 20, 2015 Eileen O’Neil appeals from the judgment of sentence of six to twenty- three months incarceration to be followed by two years of probation after a jury found her guilty of two counts each of conspiracy to commit corrupt organizations and theft by deception. We reverse and remand for a new trial. The charges in this case arose after the Commonwealth uncovered the ghastly acts of Dr. Kermit Gosnell at his abortion clinic. The Federal Bureau of Investigations (“FBI”), the Drug Enforcement Agency (“DEA”), and Philadelphia District Attorney’s Office detectives conducted a raid at Gosnell’s ____________________________________________ * Retired Senior Judge assigned to the Superior Court. J-A21004-14 abortion clinic, the Women’s Medical Society Clinic, on February 18, 2010. The investigation was largely focused on Gosnell’s alleged illegal issuance of prescription medication and performance of illegal abortions. As a result of the investigation, law enforcement uncovered the deaths of born-alive infants and one mother during a botched abortion. The Commonwealth charged Gosnell with seven counts of first-degree murder based on the deaths of seven newborn infants, and third degree murder in the death of Karnamaya Mongar.1 In addition, the Commonwealth charged Gosnell with conspiracy to commit murder, Abortion Act violations, corrupt organizations and other crimes. -
District of Columbia Pain-Capable Unborn Child Protection Act Hearing Committee on the Judiciary House of Representatives
DISTRICT OF COLUMBIA PAIN-CAPABLE UNBORN CHILD PROTECTION ACT HEARING BEFORE THE SUBCOMMITTEE ON THE CONSTITUTION AND CIVIL JUSTICE OF THE COMMITTEE ON THE JUDICIARY HOUSE OF REPRESENTATIVES ONE HUNDRED THIRTEENTH CONGRESS FIRST SESSION ON H.R. 1797 MAY 23, 2013 Serial No. 113–19 Printed for the use of the Committee on the Judiciary ( Available via the World Wide Web: http://judiciary.house.gov U.S. GOVERNMENT PRINTING OFFICE 81–175 PDF WASHINGTON : 2013 For sale by the Superintendent of Documents, U.S. Government Printing Office Internet: bookstore.gpo.gov Phone: toll free (866) 512–1800; DC area (202) 512–1800 Fax: (202) 512–2104 Mail: Stop IDCC, Washington, DC 20402–0001 COMMITTEE ON THE JUDICIARY BOB GOODLATTE, Virginia, Chairman F. JAMES SENSENBRENNER, JR., JOHN CONYERS, JR., Michigan Wisconsin JERROLD NADLER, New York HOWARD COBLE, North Carolina ROBERT C. ‘‘BOBBY’’ SCOTT, Virginia LAMAR SMITH, Texas MELVIN L. WATT, North Carolina STEVE CHABOT, Ohio ZOE LOFGREN, California SPENCER BACHUS, Alabama SHEILA JACKSON LEE, Texas DARRELL E. ISSA, California STEVE COHEN, Tennessee J. RANDY FORBES, Virginia HENRY C. ‘‘HANK’’ JOHNSON, JR., STEVE KING, Iowa Georgia TRENT FRANKS, Arizona PEDRO R. PIERLUISI, Puerto Rico LOUIE GOHMERT, Texas JUDY CHU, California JIM JORDAN, Ohio TED DEUTCH, Florida TED POE, Texas LUIS V. GUTIERREZ, Illinois JASON CHAFFETZ, Utah KAREN BASS, California TOM MARINO, Pennsylvania CEDRIC RICHMOND, Louisiana TREY GOWDY, South Carolina SUZAN DelBENE, Washington MARK AMODEI, Nevada JOE GARCIA, Florida RAU´ L LABRADOR, Idaho HAKEEM JEFFRIES, New York BLAKE FARENTHOLD, Texas GEORGE HOLDING, North Carolina DOUG COLLINS, Georgia RON DeSANTIS, Florida [Vacant] SHELLEY HUSBAND, Chief of Staff & General Counsel PERRY APELBAUM, Minority Staff Director & Chief Counsel SUBCOMMITTEE ON THE CONSTITUTION AND CIVIL JUSTICE TRENT FRANKS, Arizona, Chairman JIM JORDAN, Ohio, Vice-Chairman STEVE CHABOT, Ohio JERROLD NADLER, New York J. -
The Life Battle Celebrating and Building on S353
FNC | spotlight The Life Battle Celebrating and Building on S353 he first thing she said to me was, For years, efforts have been made to stop the ho- ‘I know it’s a girl and I need your locaust of abortion. Yet, these two recent accounts, “ help to get it out of me.…’ With the first regarding a sex-selection abortion and the written by: her arms tightly crossed along second a chemical abortion, show how much work Mary her abdomen, she explained that still remains. her husband and his parents expected a boy, In the waning hours of the 2013 Legislative and that Carpenter’s help could change her Summa, Session, North Carolina lawmakers passed what life. ‘I have a daughter,’ Priya said. ‘I don’t J.D. T 1 constitutes one of the few pieces of meaningful pro- need another one.’” life legislation enacted in this State in the past 100 “I first heard of the mifepristone abortion years.3 Upon signing this bill into law, Governor Pat pill, on September 17, 2003, the worst day of McCrory underscored that, in his mind, the law was my life. A nurse told me my daughter, Holly, about insuring safer conditions for women seeking was in the hospital and in very serious condi- abortion.4 While that is a laudable goal we should tion. I asked, ‘What is wrong?’ She responded, all support, we must also recognize that abortion ‘Mr. Patterson, we’ll explain when you get directly impacts two lives: the life of the mother and here … come as quickly as you can.’ I sped to the life of the unborn child. -
Bibliography and Further Reading
Herring: Medical Law and Ethics, 7th edition Bibliography and Further Reading Aasi, G.-H. (2003) ‘Islamic legal and ethical views on organ transplantation and donation’ Zygon 38: 725. Abdallah, H., Shenfield, F., and Latarche, E. (1998) ‘Statutory information for the children born of oocyte donation in the UK’ Human Reproduction 13: 1106. Abdallah, S., Daar, S., and Khitamy, A. (2001) ‘Islamic Bioethics’ Canadian Medical Association Journal 9: 164. Abortion Law Reform Association (1997) A Report on NHS Abortion Services (ALRA). Abortion Rights (2004) Eroding Women’s Rights to Abortion (Abortion Rights). Abortion Rights (2007) Campaign for a Modern Abortion Law Launched as Poll Confirms Overwhelming Public Support (Abortion Rights). Academy of Medical Sciences (2011) Animals Containing Human Material (Academy of Medical Sciences). ACC (2004) Annual Report (ACC). Ackernman, J. (1998) ‘Assisted suicide, terminal illness, severe disability, and the double standard’ in M. Battin, R. Rhodes, and A. Silvers (eds) Physician Assisted Suicide (Routledge). Action for ME (2005) The Times Reports on Biological Research (Action for ME).Adenitire, J. (2016) ‘A conscience-based human right to be ‘doctor death’’ Public Law 613. Ad Hoc Advisory Group on the Operation of NHS Research Ethics Committees (2005) Report (DoH). Adams, T., Budden, M., Hoare, C. et al (2004) ‘Lessons from the central Hampshire electronic health record pilot project: issues of data protection and consent’ British Medical Journal 328: 871. Admiral, P. (1996) ‘Voluntary euthanasia’ in S. McLean (ed.) Death Dying and the Law (Dartmouth). Adshead, G. (2003) ‘Commentary on Szasz’ Journal of Medical Ethics 29: 230. Advisory Group on the Ethics of Xenotransplantation (1996) Report (DoH). -
Ilmfall15.Pdf
A peer-reviewed publication of the Watson Bowes Research Institute and the National Legal Center for the Medically Dependent & Disabled, Inc. Editor-in-Chief Associate Editor Barry A. Bostrom, M.Div., J.D. Donna Harrison, M.D. dip. ABOG ! Referees Kirk C. Alison, Ph.D., M.S., Professor ! Henk Jochemsen, M.D., Director!G.A. University of Minnesota, School!of Public Lindeboom Institute, The Netherlands Health Marshall Kapp, J.D., M.P.H., Professor Florida Watson A. Bowes Jr., M.D., Emeritus State College of Medicine, Tallahassee Professor University of North Carolina!at Chapel Hill John Keown, M.A., D.Phil., Ph.D., Professor Kennedy Institute of Ethics,!Georgetown Gerard V. Bradley, J.D., Professor University University of Notre Dame Law School William E. May, Ph.D.!Pope John Paul II Byron Calhoun, M.D. FACOG, FACS, MBA Institute, Washington, D.C. West Virginia University Charleston ‐ Patrick Quirk, LL.B., LL.M., Professor Ave Steve Calvin, M.D., Maternal Fetal Medicine Maria School of Law, Naples, Florida Minneapolis, Minnesota Philippe Schepens, M.D., Director, World Priscilla K. Coleman, Ph.D., Professor Federation of Doctors Who Respect Human Bowling Green State University Life, Belgium Arthur J. Dyck, Ph.D., Professor Harvard John W. Seeds, M.D., Maternal Fetal Medicine Divinity School, Cambridge Richmond, Virginia Richard Fenigsen, M.D., Ph.D. Cambridge, Bradford Short, J.D., LL.M., Ass’t Professor Massachusetts North South University, Bangladesh Curtis E. Harris, M.D., J.D. Oklahoma City, John M. Thorp, M.D., Professor University of Oklahoma North Carolina, Chapel Hill Herbert Hendin, M.D., Professor New York Lynn D. -
Convention on the Elimination of All Forms of Discrimination Against Women
UNITED NATIONS, I CEDAW Convention on the Elimination ..,, of All Forms of Discrimination Distr I against Women GENERAL CEDAW/C/SR 143 2 March 1989 MAR 3 O i989 ORIGINAL ENGLISH \ \i"-.\ ! Si...i... I.... \.A..... !.. ..... ' AQ1N COMMITTEE ON THE ELIMINATION OF DISCRIMINATION AGAINST WOMEN Eighth session SUMMARY RECORD OF THE 143rd MEETING Held at the Vienna International Centre, Vienna, on Tuesday, 28 February 1989, at 9 3U am Chairperson Ms EVATT CONTENTS Consideration of reports submitted by States parties under article 18 of the Convention (continued) Adoption of the agenda and organization of work (continued) This record is subJect to correction Corrections should be submitted in one of the working languages They should be set forth in a memorandum and also incorporated in a copy of the record They should be sent within one week of the date of distribution of this document to the Head, Translation Service, room 00749 Any corrections to the records of the meetings of this session will be consolidated in a single corrigendum, to be issued shortly after the end of the session V 89 52505 3979e /. CEDAW/C/SR 143 English Page 2 The meeting was called to order at 9 45 am CONSIDERATION OF REPORTS SUBMITTED BY STATES PARTIES UNDER ARTICLE 18 OF THE CONVENTION (continued) I ' \ Initial report of Belgium (CEDAW/C/5/Add 53) l At the invitation of the Chairperson, Ms Monballyu (Belgium) took a place at the Committee table 2 Ms 1 MONBALLYU (Belgium), introducing her country's initial report (CEDAW/C/5/Add 53), said that Belgium had ratified the -
Why Fights Over Religious Liberty Matter Today
In this issue: More at summit.org » pg. 2 From the President’s Desk » Student Blog: See what students are up the » pg. 5 What has Doc Noebel to this summer been reading? » Find us on Facebook » pg. 7 Alumni Spotlight: Boehm doesn’t mind being » Check our Twitter journalJuly 2013 Volume 13 Issue 7 countercultural feed: @summitmn Why Fights Over Religious Liberty Matter Today Cover Story n early 2012 when the Obama government’s mandate. at encroachments on religious liberties in the administration first announced Meanwhile, the rise of the same-sex United States. Though these cases usually that the Department of Health and marriage issue will continue to put private get scant coverage from mainstream media HumanI Services — as part of the Afford- citizens in an untenable position in states outlets, they represent bureaucratic postur- able Care Act (Obamacare) — would force where same-sex marriage is legal. While ing against the right to religious liberty. employers to provide contraceptive and politicians promise to protect religious rights Religious liberty has historically been abortifacient drugs to employees at no cost, of clergy (promises that in a similar situation considered America’s first freedom because alarm bells rightly went off among both in Canada proved to be empty), non-clergy of its prominence in the minds of America’s Catholics and Protestants. Despite an ac- citizens are being sued for choosing to not founders and its enshrinement in the first counting gimmick the administration tried provide services to homosexual couples amendment to the Constitution. But there to pass off as a so-called exemption, federal based on their religious convictions. -
Kermit Gosnell Reassured Her That She’D Done Nothing Wrong
Kermit Gosnell Pulling Back the Curtain on the Reality of Abortion The Facts In April 2013, abortionist Kermit Gosnell was convicted on three counts of murder in the deaths of 3 newborn babies. Gosnell routinely delivered live babies and then ended their lives by severing their spinal cords with scissors. The Grand Jury Report estimates hundreds of babies met similar fates at Gosnell’s Philadelphia abortion center. Gosnell preyed on vulnerable women with his abortion business and subjected them to dangerous and unsanitary conditions. One woman named Karnamaya Mongar died at Gosnell’s center after an overdose of Demerol. After Mongar’s death, a former employee said Gosnell “This case is about a doctor who killed babies reassured her that she’d done nothing wrong. and endangered women...Over the years, many people came to know that something was going According to the Grand Jury Report, for political reasons, the PA on here. But no one put a stop to it.” Department of Health ceased inspections of abortion centers allowing - Grand Jury Report, Jan. 2011. the atrocities to continue for years. “Gosnell had a simple solution for the unwanted babies he delivered: he killed them. He didn’t call it that. He called it “ensuring fetal demise.” The way he ensured fetal demise was by sticking scissors into the back of the baby’s neck and cutting the spinal cord. He called that “snipping.” - Grand Jury Report, Jan. 2011. Media Blackout Initially, the media refused to cover the Gosnell case. Pro-life advocates and bloggers stormed social media to compel the media to cover the trial. -
Texas Values and 3801 Lancaster Film Project in Support of the Respondents ______
No. 15-274 In the Supreme Court of the United States _____________ WHOLE WOMAN’S HEALTH, ET AL., PETITIONERS v. JOHN HELLERSTEDT, M.D., COMMISSIONER OF THE TEXAS DEPARTMENT OF STATE HEALTH SERVICES, ET AL. _____________ ON WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT _____________ BRIEF OF AMICI CURIAE TEXAS VALUES AND 3801 LANCASTER FILM PROJECT IN SUPPORT OF THE RESPONDENTS _____________ JONATHAN M. SAENZ CLETA MITCHELL Texas Values Counsel of Record 900 Congress Ave., Suite 220 3000 K Street, N.W. Austin, Texas 78701 Suite 600 (512) 478-2220 Washington, D.C. 20007 [email protected] (202) 295-4081 [email protected] DAVID S. LILL Lill Firm, P.C. 4407 Bee Caves Road Suite 111, Building 1 Austin, TX 78746 (512) 330-0252 [email protected] QUESTIONS PRESENTED 1. Is the evidence in the record of this case sufficient to prove, by a preponderance of the evidence, that House Bill 2 will unduly burden a “large fraction” of the State’s abortion patients? 2. Does the doctrine of res judicata preclude the peti- tioners’ facial challenges to House Bill 2’s provisions? (i) TABLE OF CONTENTS Questions presented .............................................................. i Table of contents .................................................................. ii Table of authorities ............................................................. iv Interest of amici.................................................................... 1 Summary of argument ......................................................... 2 -
Into the Hands of the Medical Profession: the Regulation of Abortion in England Ane Wales
U j-t lili -i '. ;v,r!ji SALLY SHELDON r -;v p . :T $ m •;■ : ili ■*:■ lit INTO THE HANDS OF THE MEDICAL PROFESSION: THE REGULATION OF ABORTION IN ENGLAND ANE WALES Thesis submitted for assessment with a view to obtaining the Degree of Doctor of the European University Institute. Florence, August 1994 EUROPEAN UNIVERSITY INSTITUTE H C i U À . 1 j r SALLY SHELDON ^ j j INTO THE HANDS OF THE MEDICAL PROFESSION: THE REGULATION OF ABORTION IN ENGLAND AND WALES Thesis submitted for assessment with a view to obtaining the Degree of Doctor of the European University Institute. LRU) H C n h d kS SHE Florence, August 1994 "One example has been given to me by a general practitioner of a girt, unmarried, and, therefore, one of the minority of cases of illegal abortion, who came to him about two or three months ago, said she was pregnant, and that she wished to have her pregnancy terminated...She said to him that she had come because of the Bill "ƒ believe that I have grounds under that", she said He told her, "I happen to know the sponsor of the Bill I have looked at the Bill and do not think that under it you have grounds. " He talked to the girl and put her in touch with people who could help her. Her pregnancy is now going through in the normal way. It does not follow that because women desire termination it will automatically be carried out. If we can manage to get a girl such as that into the hands of the medical profession, the Bill is succeeding in its objective. -
A Current Listing of Contents
WOMEN'S STUDIES LIBRARIAN The University of Wisconsin System EMINIST ERIODICALS A CURRENT LISTING OF CONTENTS VOLUME 15, NUMBER 2 SUMMER 1995 Published by Phyllis Holman Weisbard Women I s Studies Librarian University of Wisconsin System 430 Memorial Library / 728 State Street Madison, Wisconsin 53706 (608) 263-5754 EMINIST ERIODICALS A CURRENT LISTING OF CONTENTS Volume 15, Number 2 Summer 1995 Periodical literature isthe cutting edge ofwomen's scholarship, feminist theory, and much ofwomen's culture. Feminist Periodicals: A Current Listing of Contents is pUblished by the Office of the University of Wisconsin System Women's Studies Librarian on a quarterly basis with the intent of increasing pUblic awareness of feminist periodicals. It is our hope that Feminist Periodicals will serve several purposes: to keep the reader abreast of current topics in feminist literature; to increase readers' familiarity with a wide spectrum of feminist periodicals; and to provide the requisite bibliographic information should a readerwish to sUbscribe toajournal arlo obtain a particular article at her library or through interlibrary loan. (Users will need to be aware of the limitations ofthe new copyright law with regard to photocopying of copyrighted materials.) Table ofcontents pages from current issues ofmajorfeministjournalsare reproduced in each issue ofFeminist Periodicals, preceded by a comprehensive annotated listing ofall journals we have selected. As publication schedules vary enormously, not every periodical will have table of contents pages reproduced in each issue of FP. The annotated listing provides the following information on each journal: 1. Year of first publication. 2. Frequency of publication. 3. U.S. sUbscription price(s). 4.