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Personhood Under The Fourteenth Amendment, Vincent J. Samar

Marquette Law Review

This Article examines recent claims that the fetus be afforded the status of a person under the Fourteenth Amendment. It shows that such claims do not carry the necessary objectivity to operate reasonably in a pluralistic society. It then goes on to afford what a better view of personhood that could so operate might actually look like. Along the way, this Article takes seriously the real deep concerns many have for the sanctity of human life. By the end, it attempts to find a balance for those concerns with the view of personhood offered that should engage current debates about …

Sex Trafficking Survivor, Pro-Life Advocate, Darlene Pawlik

Dignity: A Journal of Analysis of Exploitation and Violence

I was conceived by rape. I was mentally, physically and sexually abused as a child. I endured four years of juvenile sex trafficking. These experiences shaped my views on abortion and pro-life issues. Drawing from my personal experience and the experiences of others, as well as referring to empirical evidence, I set forth the position that children conceived through sexual violence are no less deserving of protection than those conceived in loving relationships. Preserving the health and dignity of sexual abuse survivors is important and supportive help is needed.

The ‘Undue Burden’ Of Restrictions On Abortion: A Feminist Bioethics Analysis, Samantha Scott

Sound Decisions: An Undergraduate Bioethics Journal

This paper examines the ethical issues of abortion from a framework of undue burden. The definition of undue burden of abortion is taken from Planned Parenthood of Southeastern Pennsylvania v. Casey (1992) supreme court decision and states: “its purpose or effect is to place a substantial obstacle in the path of the woman seeking an abortion before the fetus attains viability.” Specifically, this paper argues that abortion restrictions waiting periods and parental involvement do in fact place an undue burden on individuals seeking abortion. This paper utilizes a feminist ethics lens by addressing issues that disproportionately impact women and considering …

The Disability Politics Of Abortion, Mary Ziegler

Utah Law Review

With Ohio considering passing the nation’s second ban on abortions motivated by Down Syndrome, the relationship between abortion and disability law has taken on new importance. Disability based bans raise unique legal, moral, and political difficulties for those supporting legal abortion. The core commitments supporting legal abortion—including sex equality—stand in some tension with justifying abortion in the case of a fetal defect or disability.

Given the problems with disability-based bans, it may seem that there is no urgent need to resolve these tensions. Disability-based statutes likely create an impermissible undue burden under Planned Parenthood of Southeastern v. Casey and seem …

A Patient's Right Not To Hear: The Public Health Case For Challenging Pre-Abortion Ultrasound Description Mandates By Refocusing On The Listener, Juliana Shulman-Laniel

DePaul Journal of Women, Gender and the Law

This Article argues for a reframing of the discourse surrounding abortion-specific informed consent laws, calling for scholars and practitioners to focus not solely on the physician’s right against compelled speech, but also a patient’s right not to listen. Although this right has not been firmly recognized by the courts, a growing body of case law and scholarly papers has begun to acknowledge the potential for this right. This Article begins by examining how bridging the First Amendment rights of doctors-as-speakers and patients-as-listeners within the context of the unique doctor-patient relationship may help to establish a patient’s right not to hear. …

A Movement For Change: Horatio Robinson Storer And Physicians’ Crusade Against Abortion, Ryan Johnson

James Madison Undergraduate Research Journal (JMURJ)

Abortion has not always been a controversial topic in American politics. The modern debate can be traced back to physicians’ crusade against abortion in the second half of the 19th century, led by Harvard-educated and New England-based Horatio Robinson Storer. Storer launched the crusade in 1857, in part to criminalize abortion and in part to bring respect to the medical field in a time when doctors were not highly esteemed. This paper surveys Storer’s publications and correspondence and analyzes the motives and results of his campaign.

Colb And Dorf On Abortion And Animal Rights, Mylan Engel Jr.

Between the Species

In their recent book, Sherry Colb and Michael Dorf defend the following ethical theses: (1) sentience is sufficient for possessing the right not to be harmed and the right not to be killed; (2) killing sentient animals for food is almost always seriously wrong; (3) aborting pre-sentient fetuses raises no moral concerns at all; and (4) aborting sentient fetuses is wrong absent a reason weighty enough to justify killing the fetus. They also discuss strategies and tactics for activists: They oppose the use of graphic images by activists on tactical grounds, and they categorically oppose the use of violence by …

Review Of Joyce Carol Oates's A Book Of American Martyrs, Eric K. Anderson

Bearing Witness: Joyce Carol Oates Studies

A review of Joyce Carol Oates's novel A Book of American Martyrs considering her fiction's dialogue with controversial political issues in American society.

Mothers, Morality And Abortion: The Politics Of Reproduction In The Formation Of The German Nation, Yvonne Frankfurth

Journal of International Women's Studies

A substantial amount of literature dealing with conceptualisations of the nation has neglected the importance that gender and the politics of reproduction play in the construction of national identities. Analysing images of political campaigns and activists as well as public discourses on motherhood, abortion and childcare, I will illustrate the importance that gender and sexuality assumed in German nation-building projects before and after its unification in 1990.

After 1949, East and West German ideas of nationhood were premised on opposing ideas of gender roles, in that politicians within these two German nations mobilised distinct gender identities to assert their respective …

Quietly Conscious: A Discussion Of Fetal Personhood And Abortion, Gabriella Graziani

Exigence

This document examines the Abortion debate by specifically discussing fetal personhood. The author first summarizes the history of the abortion debate and asserts that the argument over life at conception is a not a new concept. The author further addresses the number of abortions compared to live births in the Fredericksburg area, making sure to promote the serious nature of this problem. By first exploring the concept of fetal pain, it is concluded that though there is not scientific certainty on the topic, some scientist assert that it could be an emerging problem if more study was put into the …

The Impact Of Justice Scalia's Replacement On Gender Equality Issues, Wilson R. Huhn

ConLawNOW

The last forty-six years may be accurately described as the era of the modern Republican Supreme Court. As a result of presidential elections, Republican presidents have nominated all ten of the Justices appointed to the United States Supreme Court between 1969 and 1991. Republicans have thus controlled the Court since 1970. During this period the right to gender equality was recognized and the right to marriage equality was realized. However, also during this period many Republican Justices staunchly opposed gender equality, and far more remains to be accomplished.

Since Justice Scalia’s death, the Supreme Court has been deadlocked on a …

Abortion, Moral Law, And The First Amendment: The Conflict Between Fetal Rights & Freedom Of Religion, Barbara Pfeffer Billauer

William & Mary Journal of Race, Gender, and Social Justice

The status of abortion as murder, and therefore amenable to governmental intervention and criminalization, has been asserted by those favoring limits on abortion. Opponents claim a superior right of privacy and/or equality exists under the Constitution, vesting in a woman the right to decide activities and actions that affect her physical corpus. The claimed interest of a State to protect the fetus is impliedly based on the concept of “morality” or “natural law,” specifically on the premise that feticide is violative of the basic code of conduct of societal norms. To my knowledge, until now, this is the first investigation …

Criminalizing Substance Abuse And Undermining Roe V. Wade: The Tension Between Abortion Doctrine And The Criminalization Of Prenatal Substance Abuse, Myrisha S. Lewis

William & Mary Journal of Race, Gender, and Social Justice

woman’s constitutional right to have an abortion. Although other scholars have criticized prenatal substance abuse prosecutions based on various constitutional and public policy arguments, the tension between prenatal substance abuse prosecutions and the Supreme Court’s abortion doctrine has not been adequately examined. I argue that prosecuting women for the crime of prenatal substance abuse punishes women for not exercising their right to an abortion and could even incentivize some women to obtain abortions in order to avoid criminal prosecution. I also examine the science underlying abortion doctrine, fetal health, and substance abuse which reveals that (1) the right to abort …

Unduly Burdening Women’S Health: How Lower Courts Are Undermining Whole Woman’S Health V. Hellerstedt, Leah M. Litman

Michigan Law Review Online

At the end of the Supreme Court’s 2016 Term, the Court issued its decision in Whole Woman’s Health v. Hellerstedt. One of the more closely watched cases of that Term, Hellerstedt asked whether the Supreme Court would adhere to its prior decision in Planned Parenthood v. Casey, which reaffirmed that women have a constitutionally protected right to decide to end a pregnancy.

The state of Texas had not formally requested that the Court revisit Casey or the earlier decision Casey had affirmed, Roe v. Wade, in Hellerstedt. But that was what Texas was, in effect, asking …

Returning To Roe: The Renewed Promise Of Whole Woman's Health, Cristina Salcedo

Loyola of Los Angeles Law Review

No abstract provided.