[identity profile] lynn82md.livejournal.com
In large parts of the country, women’s access to safe and legal abortion care is increasingly coming to depend on the willingness of judges to rigorously examine and reject new (and medically unnecessary) restrictions imposed by Republican legislatures.

In just that sort of searching review, a federal judge last week struck down as unconstitutional an Alabama law requiring doctors at abortion clinics to have admitting privileges at a local hospital. The requirement — advertised, falsely, as necessary to protect women’s health — is one of the main strategies being deployed nationally by opponents of abortion rights to shrink the already inadequate number of abortion providers.

The decision, by Judge Myron Thompson of the United States District Court for the Middle District of Alabama, followed a 10-day hearing. The ruling is a big victory for Alabama women and should be an instructive model for other courts.

The starting point for Judge Thompson’s analysis was the Supreme Court’s 1992 Casey decision, which said a state abortion regulation goes too far when it imposes an “undue burden” on a woman’s ability to choose to have an abortion before a fetus is viable. The judge said that despite the state’s effort to minimize the rule’s impact, it would shut down three of Alabama’s five abortion clinics. All five provide only early abortions, well before viability. He noted that the rule would actually harm women, especially poor women, by forcing them to wait longer and travel longer distances for the procedure.


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[identity profile] lynn82md.livejournal.com
I got this snippet from the middle of the article. It's very long, but I think it's an interesting article even though some parts make me roll my eyes.

Last summer, the Alabama Court of Criminal Appeals upheld this expanded interpretation of the chemical-endangerment law, ruling that the dictionary definition of “child” includes “unborn child,” an interpretation that will be challenged when the state’s Supreme Court considers Kimbrough’s case in the coming months. But the implications of that ruling go far beyond Alabama. Critics like Ketteringham argue that Alabama’s chemical-endangerment law offers a back door into what has become known as the “fetal personhood” argument.

Personhood USA, an organization based in Colorado, was founded in 2008 by Keith Mason after he became frustrated by the mainstream anti-abortion movement’s incremental approach of restricting the availability of legal abortion. “From my perspective, I saw a movement that was largely dying or dead and had a lack of enthusiasm from younger people and from people who had been in the fight for so many years,” he told me. “Something had to change. Personhood is that rallying point, because it’s the crux of the issue.” His movement seeks to establish the fetus’s right to live as equal to that of the mother’s.

Personhood advocates regard fetal rights as a civil rights issue, and they often compare themselves to abolitionists. “I think it would be unequal protection to give the woman a pass when anyone else who injects drugs into a child would be prosecuted,” Ben DuPré, director of Personhood Alabama, said. “What it boils down to is, aren’t these little children persons?”

The goal of Personhood USA is to establish that a fully rights-endowed person is created when sperm meets egg. To that end, it has introduced initiatives and measures in legislatures in 22 states. Though none of these measures have become law, some, like Proposition 26 in Mississippi, have made it to a ballot referendum, and other measures have passed legislative chambers in North Dakota, Montana and Oklahoma. The problem with those measures, from a legal perspective, says Lynn Paltrow, executive director of the National Advocates for Pregnant Women, is that “there is no way to treat fertilized eggs, embryos and fetuses as separate constitutional persons without subtracting pregnant women from the community of constitutional persons.”


What is everyone's thoughts on this?
[identity profile] lynn82md.livejournal.com
PORTSMOUTH, Virginia (Reuters) - Virginia lawmakers took a step toward outlawing abortion on Tuesday by approving "personhood" legislation that grants individual rights to an embryo from the moment of conception.

The Republican-controlled House of Delegates voted 66-32 in favor of defining the word person under state law to include unborn children "from the moment of conception until birth at every stage of biological development."

The measure now heads to the Senate, which is evenly split between Republicans and Democrats but with Republican Lieutenant Governor Bill Bolling wielding the tie-breaking vote.

Republican Delegate Bob Marshall, an abortion opponent who introduced the legislation, said the 1973 Roe v. Wade Supreme Court decision legalizing abortion in the United States would not have been rendered if Texas state law had regarded the unborn as a person "in the full sense."

"So this is a first step, a necessary step, but it's not sufficient to directly challenge Roe," Marshall said in a phone interview.

Virginia's approach differs from failed attempts to define a fertilized egg as a legal person in Colorado in 2008 and 2010 and in Mississippi in 2011.

Virginia's effort avoids involving a constitutional amendment like those states, instead seeking changes throughout the legal code, said Elizabeth Nash, public policy associate at the Washington-based Guttmacher Institute, which studies reproductive health issues.

But she said the intent is the same, with the measure ultimately aimed at banning abortion, contraception and infertility treatment.


Pro-choice Virginians...you have my sympathy.

But, I have more! )
[identity profile] lynn82md.livejournal.com
Women's rights campaigners see the creeping criminalisation of pregnant women as a new front in the culture wars over abortion, in which conservative prosecutors are chipping away at hard-won freedoms by stretching protection laws to include foetuses, in some cases from the day of conception.

"If it's not a crime for a mother to intentionally end her pregnancy, how can it be a crime for her to do it unintentionally, whether by taking drugs or smoking or whatever it is," Robert McDuff, a civil rights lawyer asked the state supreme court.
Great point! These pregnancies aren't unwanted. They were really wanted and it's a slap in a face to these women to prosecute them. They are going through a hard time as it is.

I got this as a link through FB, btw

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