Castle an Untold Story of Access
Total Page:16
File Type:pdf, Size:1020Kb
Load more
Recommended publications
-
Enhancing Protection for Abortion Rights Through State Constitutions
William & Mary Journal of Race, Gender, and Social Justice Volume 15 (2008-2009) Issue 3 William & Mary Journal of Women and Article 2 the Law April 2009 Roe at Thirty-Six and Beyond: Enhancing Protection for Abortion Rights Through State Constitutions Linda J. Wharton Follow this and additional works at: https://scholarship.law.wm.edu/wmjowl Part of the Criminal Procedure Commons, and the Fourteenth Amendment Commons Repository Citation Linda J. Wharton, Roe at Thirty-Six and Beyond: Enhancing Protection for Abortion Rights Through State Constitutions, 15 Wm. & Mary J. Women & L. 469 (2009), https://scholarship.law.wm.edu/wmjowl/vol15/iss3/2 Copyright c 2009 by the authors. This article is brought to you by the William & Mary Law School Scholarship Repository. https://scholarship.law.wm.edu/wmjowl ROE AT THIRTY-SIX AND BEYOND: ENHANCING PROTECTION FOR ABORTION RIGHTS THROUGH STATE CONSTITUTIONS LINDA J. WHARTON* ABSTRACT In a series of decisions over the past three decades, the Supreme Court has seriously undermined Roe v. Wade's promise of full and meaningful federal constitutional protection for women's access to abortion. While the new Obama administration will enhance protec- tion for reproductive rights at the federal level, the reality remains that reconstituting the Supreme Court with a majority of Justices amenable to fully restoring Roe's strict protections will likely take many years. This Article considers whether state constitutions are a promising avenue for enhancing protection for abortion rights. This Article looks back on thirty years of reproductive rights litigation under state constitutions to evaluate the strategy of using state constitutions to advance protection for abortion rights. -
Supreme Court of the United States
No. 14-997 IN THE Supreme Court of the United States MARY CURRIER, STATE HEALTH OFFICER OF THE MISSISSIPPI DEPARTMENT OF HEALTH, et al., Petitioners, v. JACKSON WOMEN’S HEALTH ORGANIZATION, et al., Respondents. ON PETITION FOR A WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT BRIEF IN OPPOSITION ROBERT B. MCDUFF JULIE RIKELMAN MCDUFF & BYRD Counsel of Record 767 North Congress Street TISEME ZEGEYE Jackson, Mississippi 39202 CENTER FOR REPRODUCTIVE RIGHTS (601) 969-0802 199 Water Street, 22nd Floor New York, New York 10038 ALLAN J. ARFFA (917) 637-3670 AARON S. DELANEY [email protected] PAUL, WEISS, RIFKIND, WHARTON & GARRISON, LLP 1285 Avenue of the Americas New York, New York 10019 (212) 373-3000 Counsel for Respondents 259088 i QUESTIONS PRESENTED (1) Should the Court grant certiorari to review the Court of Appeals’ application of Planned Parenthood of Southeastern Pennsylvania v. Casey, 505 U.S. 833 (1992), when there is no conflict of authority concerning whether Mississippi may rely on neighboring states to satisfy its constitutional obligations under the undue burden standard? (2) Should the Court grant certiorari to review an interlocutory Court of Appeals decision upholding a preliminary injunction against enforcement of an abortion restriction that would close the last abortion clinic in Mississippi, when the record in the case is incomplete and the injunction applies only to the plaintiffs? ii TABLE OF CONTENTS Page QUESTIONS PRESENTED . i TABLE OF CONTENTS. ii TABLE OF CITED AUTHORITIES . iv INTRODUCTION. .1 COUNTERSTATEMENT OF THE CASE . .1 A. The Challenged Law. .1 B. The Proceedings Below . -
MINUTES MONTANA SENATE 52Nd LEGISLATURE
MINUTES MONTANA SENATE 52nd LEGISLATURE - REGULAR SESSION COMMITTEE ON PUBLIC HEALTH, WELFARE & SAFETY Call to Order: By Chairman Dorothy Eck, on February 20, 1991, at 7:30 p.m. ROLL CALL Members Present: Dorothy Eck, Chairman (D) Eve Franklin, Vice Chairman (D) James Burnett (R) Thomas Hager (R) Judy Jacobson (D) Bob Pipinich (D) David Rye (R) Thomas Towe (0) Members Excused: None. Staff Present: Tom Gomez (Legislative Council). Christine Mangiantini (Committee Secretary). Please Note: These are summary minutes. Testimony and discussion are paraphrased and condensed. Announcements/Discussion: HEARING ON SENATE BILL 404 Presentation and Opening Statement by Sponsor: Senator Betty Bruski opened by saying SB 404 requires parental notification before a physician may perform an abortion on a minor. This bill provides for judicial exemption from notification requirements, provides a misdemeanor offense for violation of the requirements, amends Section 41-1405 MCA and repeals Section 50-20-107 MCA. Parental notification is already a part of the Abortion Control Act of 1974. The Supreme Court recognizes parents rights and it also recognizes the necessity of exemption for certain isolated cases. Therefore, the Supreme Court requires the judicial bypass for those minors who should be granted an exemption from the notification requirement. She said they wanted to amend the Montana law on parental notification to meet the Supreme Court guidelines. She said she decided to sponsor this bill is because she is a parent who wants to represent the parents of Montana who are concerned about the health and welfare of their children and about their rights and responsibilities as parents. -
Challenging California's Physician-Only Abortion Restriction
After the Choice: Challenging California’s Physician-Only Abortion Restriction Under the State Constitution Jennifer Templeton Dunn Lindsay Parham ABSTracT Women in California have the right to abortion protected by statute and the state constitution. Yet for many women, the “right” to abortion is illusory. Most clinics and hospitals that provide abortions are concentrated in urban areas, leaving many counties without a single abortion provider. Practical barriers to access are UCLA LAW REVIEW DISCOURSE REVIEW LAW UCLA compounded by California’s sheer size and geography, resulting in provider shortages and delays in care outside major urban areas. This access problem is exacerbated by California’s physician-only abortion restriction, which prohibits qualified, licensed health professionals from providing aspiration abortion (commonly referred to as surgical abortion), the most common procedure for terminating a pregnancy in the first trimester. Numerous studies demonstrate that early aspiration abortions are as safe when performed by nurse practitioners (NPs), physician assistants (PAs), and certified nurse-midwives (CNMs) as when performed by physicians. Yet under California’s Business and Professions Code, only physicians can perform this procedure. This Article challenges the constitutionality of California’s physician-only abortion restriction under the state constitution and argues that the state has no compelling interest in restricting trained and competent clinicians from providing aspiration abortions. Looking at a successful state constitutional challenge to a physician-only abortion restriction in Montana as a model, the Article argues that using California’s state constitution to challenge the physician-only abortion restriction could be an effective approach for improving access to abortion. Further, the strategy outlined in this Article could be used to challenge similar abortion restrictions in other states that have strong state protection for the right to privacy. -
Abortion Incidence and Service Availability in the United States, 2017
Abortion Incidence and Service Availability in the United States, 2017 Rachel K. Jones, Elizabeth Witwer and Jenna Jerman Key Points ■■ This study used new data from the Guttmacher Institute to examine trends in abortion incidence and rates between 2014 and 2017. In addition, we examined changes in the number of health care facilities that provide abortions. ■■ In 2017, an estimated 862,320 abortions were provided in clinical settings in the United States, representing a 7% decline since 2014 and the continuation of a long-term trend. ■■ The U.S. abortion rate dropped to 13.5 abortions per 1,000 women aged 15–44 in 2017, the lowest rate recorded since abortion was legalized in 1973. Abortion rates fell in most states and in all four regions of the country. ■■ A total of 339,640 medication abortions occurred in 2017—about 39% of all abortions. ■■ As in previous years, clinics provided the overwhelming majority of U.S. abortions (95%), while private physicians’ offices and hospitals accounted for 5%. ■■ In 2017, 808 clinic facilities provided abortions, a 2% increase from 2014. However, regional and state disparities in clinic availability grew more pronounced; the number of clinics increased in the Northeast and the West, by 16% and 4% respectively, and decreased in the Midwest and the South, by 6% and 9%, respectively. ■■ Although the number of state abortion restrictions continued to increase in the Midwest and South between 2014 and 2017, these restrictive policies do not appear to have been the primary driver of declining abortion rates. There was also no consistent relationship between increases or decreases in clinic numbers and changes in state abortion rates. -
Regular Session Committee On
MINUTES MONTANA SENATE 53rd LEGISLATURE - REGULAR SESSION COMMITTEE ON JUDICIARY Call to Order: By Senator Bill Yellowtail, on February 3, 1993, at 10:10 a.m. ROLL CALL Members Present: Sen. Bill Yellowtail, Chair (D) Sen. Steve Doherty, Vice Chair (D) Sen. Sue Bartlett (D) Sen. Bob Brown (R) Sen. Bruce Crippen- (R) Sen. Eve Franklin (D) Sen. Lorents Grosfield (R) Sen. Mike Halligan (D) Sen. John Harp (R) Sen. David Rye (R) Sen. Tom Towe (D) Members Excused: Sen. Blaylock Members Absent: NONE Staff Present: Valencia Lane, Legislative Council Rebecca Court, Committee Secretary Please Note: These are summary minutes. Testimony and discussion are paraphrased and condensed. committee Business Summary: Hearing: SB 202 Executive Action: NONE HEARING ON SB 202 Opening Statement by SDonsor: Senator Harding, District 25, said SB 202 is a woman's rights bill. SB 202 is an act clarifying a women's right to know certain facts prior to an abortion. This bill redefines informed consent in the Montana Abortion Control Act, requiring women contemplating abortion be provided an opportunity to review printed material and provides for civil damages for an abortion performed without informed involuntary consent. Senator Harding said the original Abortion Control Act was intended to provide what SB 202 is providing, but was unenforceable. Therefore SB 202 is needed to clarify the original intent or the Abortion 930203JU.SM1 SENATE JUDICIARY COMMITTEE February 3, 1993 Page 2 of 10 Control Act. The benefits of SB 202 include that women in remote areas of the state be fully informed by a referring physician, so when a woman arrives at an abortion clinic the 24 hour consideration period requirement might already have been met. -
PUBLIC HEALTH IMPACTS of STATE-LEVEL ABORTION RESTRICTIONS Overview of Research & Policy in the United States
PUBLIC HEALTH IMPACTS OF STATE-LEVEL ABORTION RESTRICTIONS Overview of Research & Policy in the United States Alyssa Llamas Liz Borkowski, MPH Susan F. Wood, PhD Bridging the Divide: A Project of the Jacobs Institute of Women’s Health April 2018 i This white paper was produced by the Bridging the Divide project of the Jacobs Institute of Women’s Health. Alyssa Llamas’s work was supported by the Clara Schiffer Project on Women’s Health; additional support was from the Jacobs Institute. The authors thank Amy Allina, Liza Fuentes, Rachel Jones, and Ushma Upadhyay for their helpful comments on a draft of this report. ii TABLE OF CONTENTS INTRODUCTION ...........................................................................................................................1 OVERVIEW OF ABORTION RESTRICTIONS ............................................................................................2 FEDERAL-LEVEL ABORTION POLICIES ...........................................................................................................3 BOX 1. SUPREME COURT CASES .......................................................................................................................... 4 STATE-LEVEL ABORTION POLICIES ...............................................................................................................5 RESTRICTIONS ON INSURANCE COVERAGE .............................................................................................................. 5 GESTATIONAL LIMITS ........................................................................................................................................ -
On the Permissibity of Abortion
ON THE PERMISSIBITY OF ABORTION BY CLAYTON M. WUNDERLICH A Thesis Submitted to the Graduate Faculty of WAKE FOREST UNIVERSITY GRADUATE SCHOOL OF ARTS AND SCIENCES in Partial Fulfillment of the Requirements for the Degree of MASTER OF ARTS Bioethics May 2020 Winston-Salem, North Carolina Copyright Clayton M. Wunderlich 2020 Approved By: Nancy M.P. King, J.D., Advisor John C. Moskop, Ph.D, Chair Kristina Gupta, Ph.D TABLE OF CONTENTS Abstract…………………………………………………………………………………...iv Introduction……………………………………………………………………...………...v Chapter One: The History of Abortion……………………………………………………...……………1 Chapter Two: Natural Behavior, Finkbine’s Rule, and the Naturalistic Fallacy………………..………23 Chapter Three: Moral Status and the Tied-Vote Fallacy ………………………..………………….……40 Chapter Four: Self-Defense…………………………...…………………………………………………55 Chapter Five: Autonomy, Broodmares for the State, and the Future of Abortion……..……………….73 References……………………………………………………..……………………........93 Curriculum Vitae………………………………….……………………………………107 ii List of Illustrations and Tables Figure 1. Resource Allocation. Pg.26 Figure 2. Survivorship Curves. (Encyclopaedia Britannica 2011). Pg.28 Figure 3. Hamilton’s Rule. (Encyclopaedia Britannica 2019). Pg.31 Figure 4. Finkbine’s Rule. Pg.32 Figure 5. Castle Doctrine (Wikipedia.org 2019). Pg.56 Figure 6. Types of Symbiosis. Pg.66 Figure 7. States with Heartbeat Bills. Pg.86 Figure 8. Status of the Equal Rights Amendment. Pg.87 iii List of Abbreviations ACLU – American Civil Liberties Union ART – Assisted Reproductive Technology CPC – Crisis Pregnancy Center FACE – Free Access to Clinic Entrances NARAL – National Abortion Rights Action League NICU – Neonatal Intensive Care Unit PVS – Persistent Vegetative State TRAP – Targeted Regulation of Abortion Provider iv Abstract In an effort to make the conversation around abortion more productive, I engage in a thought experiment which purposely takes a provocative position. -
Providing Abortion Care a Professional Toolkit for Nurse-Midwives, Nurse Practitioners, and Physician Assistants
Providing Abortion Care A ProfessionAl ToolkiT for nurse-Midwives, nurse PrAcTiTioners, And PhysiciAn AssistanTs Authors Diana Taylor, RNP, PhD, University of California, San Francisco, Advancing New Standards in Reproductive Health Barbara Safriet, JD, LLM, University of California, San Francisco, Advancing New Standards in Reproductive Health Grayson Dempsey, Abortion Access Project Beth Kruse, MS, ARNP, CNM, National Abortion Federation Courtney Jackson, PhD, Abortion Access Project Organizational Sponsors Abortion Access Project, Cambridge, MA Advancing New Standards in Reproductive Health (ANSIRH) Program, University of California, San Francisco, CA National Abortion Federation, Washington, DC © Copyright 2009, regents of the University of California on behalf of the University of California, san franCisCo APC Toolkit Acknowledgments ................................................................. iii of Abortion Care by APCs .................................................. 18 About the Authors .............................................................. iii C. Barriers to Abortion Provision by APCs ..............................19 Welcome to the APC Toolkit! ...................................................1 Figure ii.3 State Advocacy Efforts to Overcome Barriers ...19 What is the APC Toolkit? ......................................................... 2 Figure ii.4 Critical Role of Professional Organizations ..... 20 Why is the APC Toolkit Needed? ............................................. 2 Summary ............................................................................. -
An Examination of Oppression Via Anti-Abortion Legislation
University of Central Florida STARS Honors Undergraduate Theses UCF Theses and Dissertations 2019 An Examination of Oppression Via Anti-Abortion Legislation Saphronia P. Carson University of Central Florida Part of the Race and Ethnicity Commons, and the Women's Studies Commons Find similar works at: https://stars.library.ucf.edu/honorstheses University of Central Florida Libraries http://library.ucf.edu This Open Access is brought to you for free and open access by the UCF Theses and Dissertations at STARS. It has been accepted for inclusion in Honors Undergraduate Theses by an authorized administrator of STARS. For more information, please contact [email protected]. Recommended Citation Carson, Saphronia P., "An Examination of Oppression Via Anti-Abortion Legislation" (2019). Honors Undergraduate Theses. 630. https://stars.library.ucf.edu/honorstheses/630 AN EXAMINATION OF OPPRESSION VIA ANTI-ABORTION LEGISLATION by SAPHRONIA CARSON A.A. Valencia College, 2018 A thesis submitted in partial fulfillment of the requirements for Honors in the Major in the Department of Interdisciplinary Studies in the College of Undergraduate Studies at the University of Central Florida Orlando, Florida Fall Term 2019 Thesis Chair: Dr. Kenicia Wright ABSTRACT This thesis utilizes a reproductive justice framework to discuss the impact of anti- abortion legislation and the anti-abortion movement on women of color and low-income women, arguing that reduced access to abortion is oppressive to minority women. Chapter 1 outlines the theoretical framework of this thesis, focusing on feminist Marxism, Intersectionality, Critical Race Theory, and radical and third wave feminist perspectives. Chapter 2 provides an overview of the anti-abortion movement and the major state and federal laws and court cases that have defined women’s access to abortion in the United States, including Roe v Wade, the Hyde Amendment, Planned Parenthood v Casey, and TRAP laws. -
Respecting Legislators and Rejecting Baselines: Rebalancing Casey Paul C
Notre Dame Law Review Volume 90 | Issue 2 Article 11 12-1-2014 Respecting Legislators and Rejecting Baselines: Rebalancing Casey Paul C. Quast Follow this and additional works at: http://scholarship.law.nd.edu/ndlr Part of the Constitutional Law Commons Recommended Citation 90 Notre Dame L. Rev. 913 (2014) This Note is brought to you for free and open access by the Notre Dame Law Review at NDLScholarship. It has been accepted for inclusion in Notre Dame Law Review by an authorized administrator of NDLScholarship. For more information, please contact [email protected]. \\jciprod01\productn\N\NDL\90-2\NDL211.txt unknown Seq: 1 30-DEC-14 14:18 RESPECTING LEGISLATORS AND REJECTING BASELINES: REBALANCING CASEY Paul C. Quast* INTRODUCTION In the last three years state legislatures have written and passed a torrent of abortion regulations across the United States.1 These laws have come as pro-life politicians have taken control of many states’ legislatures and execu- tive offices.2 Other contributing factors in this trend may include an increased number of people who define themselves as pro-life3 and the expo- sure of bad actors within the abortion industry whose practices have led some to question the safety of current abortion practices.4 Needless to say, many * B.A., Religion, 2010, Colorado College; J.D. Candidate, May 2015, Notre Dame Law School. I would like to especially thank my Note advisor, Gerard Bradley, for his assistance and support in writing this Note. 1 See 2012 Saw Second-Highest Number of Abortion Restrictions Ever, GUTTMACHER INST. (Jan. 2, 2013), http://www.guttmacher.org/media/inthenews/2013/01/02/; AUL’s 2013 Life List: Mapping the Momentum Toward a Pro-Life America,AMS. -
Applying the Ku Klux Klan Act, RICO, and FACE to the Abortion Controversy
Land & Water Law Review Volume 30 Issue 1 Article 11 1995 Ending the Violence: Applying the Ku Klux Klan Act, RICO, and FACE to the Abortion Controversy Joy Hollingsworth McMurtry Patti S. Pennock Follow this and additional works at: https://scholarship.law.uwyo.edu/land_water Recommended Citation McMurtry, Joy Hollingsworth and Pennock, Patti S. (1995) "Ending the Violence: Applying the Ku Klux Klan Act, RICO, and FACE to the Abortion Controversy," Land & Water Law Review: Vol. 30 : Iss. 1 , pp. 203 - 229. Available at: https://scholarship.law.uwyo.edu/land_water/vol30/iss1/11 This Comment is brought to you for free and open access by Law Archive of Wyoming Scholarship. It has been accepted for inclusion in Land & Water Law Review by an authorized editor of Law Archive of Wyoming Scholarship. McMurtry and Pennock: Ending the Violence: Applying the Ku Klux Klan Act, RICO, and FAC ENDING THE VIOLENCE: Applying the Ku Klux Klan Act, RICO, and FACE to the Abortion Controversy In March of 1993, David Gunn, a doctor who provided abortion servic- es in Pensacola, Florida, was shot and killed.' The gunman was a member of Operation Rescue.2 Recently, doctors who legally perform abortions have felt so threatened that they hire body guards to protect them and to help them gain access to their places of work.' Even these drastic measures are some- times futile. In July of 1994, Dr. John Britton and his volunteer body guard, James Barrett, were both shot and killed4 outside of an abortion clinic.' Once again, the gunman was a member of Operation Rescue.6 From 1977 to April 1993, more than 1,000 acts of violence against abortion providers were reported in the United States.' These acts included at least 36 bombings, 81 arsons, 131 death threats, 84 assaults, two kidnappings, one murder, and 327 clinic invasions! In addition, over 6,000 clinic blockades and other disrup- tions have been reported since 1977.