Download or read book Abortion Under State Constitutions written by Paul Benjamin Linton and published by . This book was released on 2008 with total page 648 pages. Available in PDF, EPUB and Kindle. Book excerpt: Whether a state constitution protects a right to abortion is significant for two reasons: First, it may determine whether the State has the authority to enact and enforce laws regulating abortion (e.g., laws mandating informed consent or requiring parental notice or consent) within current federal constitutional limits. Second, and more important, it will determine whether the State would have the authority to enact and enforce laws prohibiting abortion, if the Supreme Court overrules Roe v. Wade and returns the issue of abortion to the States. Abortion under State Constitutions is the first, full-length treatment of the subject to appear in print. For each State, the author considers possible sources of a right to abortion in the state constitution (privacy, due process of law, equality of rights, equal protection, privileges and immunities, as well as other provisions); state court decisions interpreting those provisions; the relevant state constitutional history; pre-Roe prohibitions of abortion and their interpretation by state courts; post-Roe regulations of abortion; and what rights state law has conferred upon unborn children outside the context of abortion. Based upon the foregoing analysis, arranged topically within each State for ease of reference, the author concludes that thirteen state constitutions protect (or would be interpreted to protect) a state right to abortion that is independent of the right to abortion recognized in Roe v. Wade, while the supreme courts of the other thirty-seven States probably would not recognize a state right to abortion. Likely to become a standard reference work on the subject, Abortion under State Constitutions should be of interest not only to lawyers who litigate state abortion rights claims and judges who decide those cases, but to anyone on either side of the abortion debate who wants to have a better understanding of the status of abortion under state constitutions. "After an admirably incisive outline of federal constitutional law on abortion, Linton clarifies the law of each State in its own individual chapter, greatly facilitating the work of legislators, litigators, and lay activists concerned primarily about the law of their own particular State.... Although the author states that his work is meant to be "predictive" of future state supreme court decisions, he bases his estimations on close analysis of legal doctrine, not on uncertain guesswork about the political considerations of future courts and possible judicial activism. "Abortion under State Constitutions is sure to become the standard reference work for those concerned to resist (or to promote) a right to abortion founded on U.S. state constitutions."--Richard Stith, Professor of Law, Valparaiso University School of Law "Paul Benjamin Linton is one of the most thoughtful, insightful, and thorough legal authorities writing about biomedical ethics and law. Among his past masterpieces are influential law review articles analyzing suicide, euthanasia, same-sex marriage, equal rights, state abortion regulations, and abortion decisions of the U.S. Supreme Court. Now, Linton examines how abortion regulations have fared and would fare under state constitutions. Abortion under State Constitutions is a convincing explanation of the growing importance of state constitutional jurisprudence in controlling the regulation of abortion. The book is an invaluable, timely resource for lawmakers, judges, legal scholars, students, and anyone else interested in the constitutional, legal policy, and social strategies concerning the regulation of elective abortion in America."--Lynn D. Wardle, Bruce C. Hafen Professor of Law, J. Reuben Clark Law School, Brigham Young University "Scholars, advocates and activists involved in the abortion debate owe a debt of gratitude to Paul Linton for sharing his meticulous research. A comprehensive guide to the status of abortion under each state''s constitution, this book is a necessary tool for anyone seeking to predict the consequences of a United States Supreme Court decision overruling Roe v. Wade. As Mr. Linton carefully documents, abortion would remain legal in a minority of states due to state court decisions protecting the procedure under the respective state constitutions. The majority of states probably could enforce abortion prohibitions, but that would require new legislation in most of those states. Abortion under State Constitutions guides the reader through the differing law among the states. "This book will be of particular value to state lawmakers seeking to craft sound public policy in this volatile area. Whether the objective is to protect a woman''s right to choose or an unborn child''s right to life, attentive readers will benefit from Mr. Linton''s expert analysis of the development of state law. His description of the relationship between various state laws and constitutions reflects his decades of experience in advancing and defending state laws in this area.... Regardless of readers'' political views, Abortion under State Constitutions promises to inform, intrigue, and inspire those who care about the issue of abortion."--Teresa S. Collett, Professor of Law, University of St. Thomas School of Law "This is an important book for both sides."--Time Magazine Online

Download or read book Abortion written by Carol Hand and published by The Rosen Publishing Group, Inc. This book was released on 2014-07-15 with total page 114 pages. Available in PDF, EPUB and Kindle. Book excerpt: While there are some Americans who are inclined to evaluate the moral, ethical, and medical legitimacy of abortion on a case-by-case basis, many others are strictly, unwaveringly pro-choice (favoring abortion rights) or pro-life (antiabortion). Over the last few decades, whether abortions should be legal at all—under any circumstances—has created a deep political rift across the United States. This book, which charts the shifts in interpretation of the U.S. Constitution on this matter, is a must-read for anyone hoping to understand where the nation and its laws have stood on the issue, its current state of play, and what the future of the abortion rights vs. right to life struggle may hold.

Download or read book Constitutional Amendments Relating to Abortion written by United States. Congress. Senate. Committee on the Judiciary. Subcommittee on the Constitution and published by . This book was released on 1983 with total page 798 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Constitutional Amendments Relating to Abortion written by United States. Congress. Senate. Committee on the Judiciary. Subcommittee on the Constitution and published by . This book was released on 1983 with total page 1274 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Reproduction and the Constitution in the United States written by Mary Ziegler and published by Routledge. This book was released on 2022-03-16 with total page 184 pages. Available in PDF, EPUB and Kindle. Book excerpt: Reproduction and the Constitution in the United States dissects the forces that shape US conflicts over birth control and abortion. In 1973, the United States Supreme Court issued a decision in Roe v. Wade, a landmark decision that quickly became the most widely recognized case in the country. Examining the roots of ongoing struggles over reproduction in the United States, Mary Ziegler helps readers not only understand the importance of the Supreme Court’s iconic decision in Roe but also places it in context, illuminating constitutional, political, and economic trends that have remade conflicts over abortion and the law. Written by one of the world’s leading scholars in the field, this book synthesizes the latest scholarship in the field and provides an accessible and concise look at: *Why the United States criminalized abortion and birth control in the nineteenth century. * Why there has been a stark disconnect between the law of the land and actual practice when it comes to controlling reproduction. * What Roe v. Wade said and how the law and politics of abortion have moved beyond it. With an up-to-date Guide to Further Reading, Who’s Who of crucial figures, and a Glossary of key terms, this book provides a crucial introduction to students of women’s history, American history and legal history.

Download or read book The Recent History and Current Status of Abortion Law written by Jodee Solomon and published by Legislative Reference Bureau. This book was released on 1980 with total page 16 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Abortion and the Constitution written by Dennis J. Horan and published by . This book was released on 1987 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a compilation of articles supporting the reversal of Roe v. Wade. Its contents include the background and perspectives on abortion, historical evaluations of Roe and abortion, strategies for reversal of Roe v. Wade and more.

Download or read book Women and the U S Constitution written by Sibyl A. Schwarzenbach and published by Columbia University Press. This book was released on 2004-02-18 with total page 415 pages. Available in PDF, EPUB and Kindle. Book excerpt: Women and the U.S. Constitution is about much more than the nineteenth amendment. This provocative volume incorporates law, history, political theory, and philosophy to analyze the U.S. Constitution as a whole in relation to the rights and fate of women. Divided into three parts—History, Interpretation, and Practice—this book views the Constitution as a living document, struggling to free itself from the weight of a two-hundred-year-old past and capable of evolving to include women and their concerns. Feminism lacks both a constitutional theory as well as a clearly defined theory of political legitimacy within the framework of democracy. The scholars included here take significant and crucial steps toward these theories. In addition to constitutional issues such as federalism, gender discrimination, basic rights, privacy, and abortion, Women and the U.S. Constitution explores other issues of central concern to contemporary women—areas that, strictly speaking, are not yet considered a part of constitutional law. Women's traditional labor and its unique character, and women and the welfare state, are two examples of topics treated here from the perspective of their potentially transformative role in the future development of constitutional law.

Download or read book Abortion written by Jon O. Shimabukuro and published by Createspace Independent Publishing Platform. This book was released on 2017-10-09 with total page 24 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 1973, the U.S. Supreme Court concluded in Roe v. Wade that the U.S. Constitution protects a woman's right to have an abortion. In recent years, the rights enumerated in Roe have been redefined by decisions such as Webster v. Reproductive Health Services, which gave greater leeway to the states to restrict abortion, and Rust v. Sullivan, which narrowed the scope of permissible abortion-related activities that are linked to federal funding. Legislation to prohibit a specific abortion procedure, the so-called Partial-Birth Abortion Ban Act appears to be one of the only examples of Congress restricting the performance of a medical procedure. Legislation that would prohibit the knowing transport of a minor across state lines for the purpose of obtaining an abortion has been introduced in numerous Congresses. Since Roe, Congress has attached abortion funding restrictions to various appropriations measures. The greatest focus has arguably been on restricting Medicaid abortions under the annual appropriations for the Department of Health and Human Services. The debate over abortion continued in the context of health reform. The Patient Protection and Affordable Care Act (ACA), enacted on March 23, 2010, includes provisions that address the coverage of abortion services by qualified health plans that are available through health benefit exchanges.

Download or read book Pro Life V Pro Death Abortions and the Supreme Court written by Catherine Jaime and published by CreateSpace. This book was released on 2015-03-08 with total page 138 pages. Available in PDF, EPUB and Kindle. Book excerpt: Roe v. Wade, Doe v. Bolton, and Planned Parenthood v. Casey - 3 landmark Supreme Court Cases dealing with abortions. Here in one place are important excerpts from all three cases. This book was put together by a conservative lay person for other conservatives. Examples of some of what you will find in the book: "The Constitution does not explicitly mention any right of privacy. In a line of decisions, however, going back perhaps as far as 1891, the Court has recognized that a right of personal privacy, or a guarantee of certain areas or zones of privacy, does exist under the Constitution." From Justice Blackmun's Majority Opinion in Roe v. Wade "The fact that a majority of the States reflecting, after all, the majority sentiment in those States, have had restrictions on abortions for at least a century is a strong indication, it seems to me, that the asserted right to an abortion is not "so rooted in the traditions and conscience of our people as to be ranked as fundamental." From Justice Rehnquist's Dissenting Opinion in Roe v. Wade "Roe v. Wade sets forth our conclusion that a pregnant woman does not have an absolute constitutional right to an abortion on her demand...Further, a physician or any other employee has the right to refrain, for moral or religious reasons, from participating in the abortion procedure." From Justice Blackmun's Majority Opinion in Doe v. Bolton "The common claim before us is that, for any one of such reasons, or for no reason at all, and without asserting or claiming any threat to life or health, any woman is entitled to an abortion at her request if she is able to find a medical advisor willing to undertake the procedure." From Justice White's Dissent in Doe v. Bolton "Viability marks the earliest point at which the State's interest in fetal life is constitutionally adequate to justify a legislative ban on nontherapeutic abortions. The soundness or unsoundess of that constitutional judgment in no sense turns on when viability occurs." From the Majority Opinion in Planned Parenthood v. Casey "The correct analysis is that set forth by the plurality opinion in Webster: a woman's interest in having an abortion is a form of liberty protected by the Due Process Clause, but States may regulate abortion procedures in ways rationally related to a legitimate state interest." From Rehnquist's Minority Opinion in Planned Parenthood v. Casey

Download or read book Safe Abortion written by Organisation mondiale de la santé and published by World Health Organization. This book was released on 2003-05-13 with total page 107 pages. Available in PDF, EPUB and Kindle. Book excerpt: At a UN General Assembly Special Session in 1999, governments recognised unsafe abortion as a major public health concern, and pledged their commitment to reduce the need for abortion through expanded and improved family planning services, as well as ensure abortion services should be safe and accessible. This technical and policy guidance provides a comprehensive overview of the many actions that can be taken in health systems to ensure that women have access to good quality abortion services as allowed by law.

Download or read book Policing the Womb written by Michele Goodwin and published by Cambridge University Press. This book was released on 2020-03-12 with total page 339 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Policing the Womb, Michele Goodwin explores how states abuse laws and infringe on rights to police women and their pregnancies. This book looks at the impact of these often arbitrary laws which can result in the punishment, incarceration, and humiliation of women, particularly poor women and women of color. Frequently based on unscientific claims of endangering a fetus, these laws allow extraordinary powers to state authorities over reproductive freedom and pregnancies. In this book, Michele Goodwin discusses real examples of women whose pregnancies have been controlled by the law and what has led to the United States being the deadliest country in the developed world for a woman to be pregnant.

Download or read book Constitution of the State of Kansas written by Kansas and published by . This book was released on 1919 with total page 56 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Repealing the 8th written by de Londras, Fiona and published by Policy Press. This book was released on 2018-02 with total page 152 pages. Available in PDF, EPUB and Kindle. Book excerpt: Available Open Access under CC-BY licence. Irish law currently permits abortion only where the life of the pregnant woman is at risk. Since 1983, the 8th Amendment to the Constitution has recognised the “unborn” as having a right to life equal to that of the “mother”. Consequently, most people in Ireland who wish to bring their pregnancies to an end either import the abortion pill illegally, travel abroad to access abortion, or continue with the pregnancy against their will. Now, however, there are signs of change. A constitutional referendum will be held in 2018, after which it will be possible to reimagine, redesign, and reform the law on abortion. Written by experts in the field, this book draws on experience from other countries, as well as experiences of maternal medical care in Ireland, to call for a feminist, woman-centered, and rights-based radical new approach to abortion law in Ireland. Directly challenging grounds-based abortion law, this accessible guide brings together feminist analysis, comparative research, human rights law, and political awareness to propose a new constitutional and legislative settlement on reproductive autonomy in Ireland. It offers practical proposals for policymakers and advocates, including model legislation, making it an essential campaigning tool leading up to the referendum.

Download or read book Abortion and Constitutional Law written by Machteld Nijsten and published by . This book was released on 1990 with total page 266 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book When Abortion Was a Crime written by Leslie J. Reagan and published by Univ of California Press. This book was released on 2022-02-22 with total page 433 pages. Available in PDF, EPUB and Kindle. Book excerpt: The definitive history of abortion in the United States, with a new preface that equips readers for what’s to come. When Abortion Was a Crime is the must-read book on abortion history. Originally published ahead of the thirtieth anniversary of Roe v. Wade, this award-winning study was the first to examine the entire period during which abortion was illegal in the United States, beginning in the mid-nineteenth century and ending with that monumental case in 1973. When Abortion Was a Crime is filled with intimate stories and nuanced analysis, demonstrating how abortion was criminalized and policed—and how millions of women sought abortions regardless of the law. With this edition, Leslie J. Reagan provides a new preface that addresses the dangerous and ongoing threats to abortion access across the country, and the precarity of our current moment. While abortions have typically been portrayed as grim "back alley" operations, this deeply researched history confirms that many abortion providers—including physicians—practiced openly and safely, despite prohibitions by the state and the American Medical Association. Women could find cooperative and reliable practitioners; but prosecution, public humiliation, loss of privacy, and inferior medical care were a constant threat. Reagan's analysis of previously untapped sources, including inquest records and trial transcripts, shows the fragility of patient rights and raises provocative questions about the relationship between medicine and law. With the right to abortion increasingly under attack, this book remains the definitive history of abortion in the United States, offering vital lessons for every American concerned with health care, civil liberties, and personal and sexual freedom.

Download or read book The New States of Abortion Politics written by Joshua C. Wilson and published by Stanford University Press. This book was released on 2016-06-08 with total page 129 pages. Available in PDF, EPUB and Kindle. Book excerpt: The 2014 Supreme Court ruling on McCullen v. Coakley striking down a Massachusetts law regulating anti-abortion activism marked the reengagement of the Supreme Court in abortion politics. A throwback to the days of clinic-front protests, the decision seemed a means to reinvigorate the old street politics of abortion. The Court's ruling also highlights the success of a decades' long effort by anti-abortion activists to transform the very politics of abortion. The New States of Abortion Politics, written by leading scholar Joshua C. Wilson, tells the story of this movement, from streets to legislative halls to courtrooms. With the end of clinic-front activism, lawyers and politicians took on the fight. Anti-abortion activists moved away from a doomed frontal assault on Roe v. Wade and adopted an incremental strategy—putting anti-abortion causes on the offensive in friendly state forums and placing reproductive rights advocates on the defense in the courts. The Supreme Court ruling on Whole Woman's Health v. Hellerstedt in 2016 makes the stakes for abortion politics higher than ever. This book elucidates how—and why.