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Lessons From Personhood’S Defeat: Abortion Restrictions And Side Effects On Women’S Health, Maya Manian
Lessons From Personhood’S Defeat: Abortion Restrictions And Side Effects On Women’S Health, Maya Manian
Maya Manian
State personhood laws pose a puzzle. These laws would establish fertilized eggs as persons and, by doing so, would ban all abortions. Many states have consistently supported laws restricting abortion care. Yet, thus far no personhood laws have passed. Why? This Article offers a possible explanation and draws lessons from that explanation for understanding and resisting abortion restrictions more broadly. I suggest that voters’ recognition of the implications of personhood legislation for health issues other than abortion may have led to personhood’s defeat. In other words, opponents of personhood proposals appear to have successfully reconnected abortion to pregnancy care, contraception, …
Irrational Women: Informed Consent And Abortion Regret, Maya Manian
Irrational Women: Informed Consent And Abortion Regret, Maya Manian
Maya Manian
This chapter explores the law’s failure in the twenty-first century to treat pregnant women as capable of making their own decisions concerning whether to have an abortion. The Supreme Court’s 2007 decision in Gonzales v. Carhart, which upheld a federal ban on a type of second-trimester abortion that many physicians believe is safest for their patients, brought the question of women’s capacity for abortion decision-making to the forefront of public legal consciousness. In Carhart, the Court abandoned its previous deference and respect for a woman’s right to be her own decision-maker with regard to abortion and instead determined that a …