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Bowen v. American Hospital Association (1986)
The 1986 US Supreme Court decision Bowen v. American Hospital Association rejected the federal government's use of Section 504 of the Rehabilitation Act of 1973 to intervene in a hospital's treatment for neonates born with severe congenital defects. This case set a precedent for the role of government involvement in cases where parents refused consent for care of disabled newborns.
Format: Articles
Subject: Legal, Reproduction
Jeter v. Mayo Clinic Arizona [Brief] (2005)
In Arizona, statutes that protect persons, such as the wrongful death statute, will not be interpreted by the courts to grant personhood status to frozen embryos. The legislature may grant such protection in the statute if it chooses to do so by explicitly defining the word person to include frozen embryos.
Format: Articles
Subject: Legal, Reproduction
Kass v. Kass [Brief] (1998)
In a case of first impression in the state of New York, the highest state court decided that a priori written agreement between progenitors of frozen embryos regarding the disposition of their "pre-zygotes" in the event of divorce is binding. By copying the general result arrived at by the Tennessee Supreme Court in Davis v. Davis in 1992, the New York court magnified the weight of authority in favor of upholding prior written agreements for in vitro fertilization practices.
Format: Articles
Subject: Legal, Reproduction
Dickey-Wicker Amendment, 1996
The Dickey-Wicker Amendment is an amendment attached to the appropriations bills for the Departments of Health and Human Services, Labor, and Education each year since 1996 restricting the use of federal funds for creating, destroying, or knowingly injuring human embryos. The Dickey-Wicker Amendment began as a rider (another name for an amendment) attached to House Resolution (H.R.) 2880. H.R.
Format: Articles
Subject: Legal
Smith v. Cote (1986)
The case of Smith v. Cote (1986) answered two important questions concerning law and childbirth: does the State of New Hampshire recognize a cause of action for what is defined as wrongful birth, and does the State recognize a cause of action for what is classified as wrongful life? In the case of Smith v. Cote, damages were permitted for wrongful birth, but not for the action of wrongful life.
Format: Articles
Dietrich v. Inhabitants of Northampton [Brief] (1884)
This influential opinion by famed jurist Oliver Wendell Holmes, Jr. was copied by courts throughout the United States. For over sixty years, courts refused to recognize a cause of action on behalf of a child who died before or after birth as a result of injuries suffered in the womb because the fetus was considered legally a part of its mother and thus did not possess personhood. This policy changed after the decision in Bonbrest v. Kotz in 1946.
Format: Articles
Subject: Legal
United States v. University Hospital (1984)
The US 2nd Circuit Court of Appeals' 1984 decision United States v. University Hospital, State University Hospital of New York at Stony Brook set a significant precedent for affirming parental privilege to make medical decisions for handicapped newborns, while limiting the ability of the federal government to intervene. The ruling stemmed from the 1983 case involving an infant born with severe physical and mental congenital defects; the infant was only identified as Baby Jane Doe.
Format: Articles
Subject: Legal, Reproduction
In re Marriage of Witten (2003)
In re Marriage of Witten, decided by the Iowa Supreme Court in 2003, held that neither Tamera nor Arthur (Trip) Witten could use or destroy several cryopreserved preembryos created during their marriage using in vitro fertilization (IVF), unless the former couple could reach a mutual agreement. Tamera and Trip Witten, unable to conceive conventionally during their marriage, had attempted to start a family together using IVF at the University of Nebraska Medical Center (UNMC) in Omaha, Nebraska.
Format: Articles
Subject: Legal
Gonzales v. Carhart (2007)
In Gonzales v. Carhart (2007), the US Supreme Court held in a five-to-four decision that the 2003 Partial-Birth Abortion Ban Act passed by the US Congress was constitutional. Although the Court previously ruled in Stenberg v. Carhart (2000) that a Nebraska law that prohibited partial-birth abortions was unconstitutional, Gonzales reversed this decision. Gonzales created the precedent that anyone who delivers and kills a living fetus could be subject to legal consequences, unless he or she performed the procedure to save the life of the mother.
Format: Articles
Subject: Legal, Reproduction
A. Z. v. B. Z. (2000)
In A.Z. v. B.Z. (2000), the Supreme Judicial Court of Massachusetts in Boston, Massachusetts, affirmed a lower courtÕs decision, ruling that contracts that require a party to become a parent against his or her will are unenforceable and contrary to public policy. The case centered around A.Z. and B.Z., a divorced couple who had previously used in vitro fertilization (IVF) to start a family together during their marriage and had several preembryos cryopreserved as part of the process.
Format: Articles
Subject: Legal
Uniform Anatomical Gift Act (1968)
The Uniform Anatomical Gift Act (UAGA or the Act) was passed in the US in 1968 and has since been revised in 1987 and in 2006. The Act sets a regulatory framework for the donation of organs, tissues, and other human body parts in the US. The UAGA helps regulate body donations to science, medicine, and education. The Act has been consulted in discussions about abortion , fetal tissue transplants , and Body Worlds , an anatomy exhibition.
Format: Articles
Subject: Legal, Outreach, Reproduction
In the Matter of the Marriage of Dahl and Angle (2008)
In the 2008 court case In the Matter of the Marriage of Dahl and Angle, the Court of Appeals of Oregon upheld a written in vitro fertilization (IVF) consent form signed by Laura and Darrell Angle, who had each contributed their genetic material to the creation of several preembryos during their marriage. Its decision followed the general framework for resolving such disputes provided by the Supreme Court of Tennessee in Davis v. Davis in 1992, which was subsequently followed by many courts across the US.
Format: Articles
Subject: Legal
Stenberg v. Carhart (2000)
In Stenberg v. Carhart, the US Supreme Court ruled on 28 June 2000 that a Nebraska law banning partial birth abortions was unconstitutional. Though the US Supreme Court case Roe v. Wade in 1973 had set a precedent that constitutionally protected abortions, some states established limitations on certain types of abortion procedures. When NebraskaÕs state government criminalized partial birth abortions, physician LeRoy Carhart challenged the constitutionality of the case. Don Stenberg, an Attorney General located in Lincoln, Nebraska, represented the state of Nebraska.
Format: Articles
Subject: Legal
US Regulatory Response to Thalidomide (1950-2000)
Thalidomide, a drug capable of causing fetal abnormalities (teratogen), has caused greater than ten thousand birth defects worldwide since its introduction to the market as a pharmaceutical agent. Prior to discovering thalidomide's teratogenic effects in the early 1960s, the US Food and Drug Administration (FDA) did not place regulations on drug approval or monitoring as it later did. By 1962, approximately 20,000 patients in the US had taken thalidomide as part of an unregulated clinical trial before any actions were taken to stop thalidomide's distribution.
Format: Articles
Subject: Legal, Reproduction
Organic Seed Growers and Trade Association's suit against Monsanto, 2012 and 2013
In March 2011 the Organic Seed Growers and Trade Association and around sixty agricultural organizations (OSGATA et al.) filed a suit against Monsanto Company and Monsanto Technology L.L.C., collectively called Monsanto. The hearings for Organic Seed Growers and Trade Association (OSGATA) et al. v. Monsanto (2012) took place at the United States District Court for the Southern District of New York in Manhattan, New York. The district court's Judge Naomi Reice Buchwald dismissed OSGATA's suit.
Format: Articles
Subject: Legal
“Improving Women’s Health”: Section 3509 of the Affordable Care Act of 2010
In 2010, US Congress enacted section 3509 of the Patient Protection and Affordable Care Act or ACA, to target issues relating to women’s health. The ACA, signed into law by US President Barack Obama, aimed to increase people’s access to high-quality healthcare in the United States.
Format: Articles
Subject: Legal
California Proposition 71 (2004)
The California Stem Cell Research and Cures Act, also called Proposition 71, was a ballot
initiative proposed by California voters in 2004 to allocate three billion dollars of state
funds for stem cell research over ten years. Endorsed by California scientists and
patient-advocates, Prop 71 passed on 2 November 2004, amending the state constitution to make
stem cell research a constitutional right. In addition, Prop 71 led to the creation of the
California Institute for Regenerative Medicine (CIRM), in San Francisco, California to allocate
Format: Articles
Subject: Legal
Bellotti v. Baird (1979)
On 2 July 1979, the United States Supreme Court decided Bellotti v. Baird, ruling that a Massachusetts law that prohibited minors from obtaining abortions without parental consent was unconstitutional. That law prohibited minors from receiving abortions without permission from both of their parents or a superior court judge. Under that law, if one or both of the minor’s parents denied consent, the minor could petition a superior court judge who would determine whether the minor was competent enough to make the decision to abort on her own.
Format: Articles
Subject: Legal
“Reproductive Injustice: Racial and Gender Discrimination in U.S. Healthcare” (2014), by the Center for Reproductive Rights, the National Latina Institute for Reproductive Health, and SisterSong Women of Color Reproductive Justice Collective
In 2014, the Center for Reproductive Rights, SisterSong Women of Color Reproductive Justice Collective, and the National Latina Institute for Reproductive Health released a co-authored report titled “Reproductive Injustice: Racial and Gender Discrimination in U.S. Healthcare,” hereafter “Reproductive Injustice.” In “Reproductive Injustice,” the organizations evaluate trends in the US federal system concerning racial and gender discrimination in sexual and reproductive healthcare.
Format: Articles
Subject: Publications, Organizations, Outreach, Legal
Bowen v. Kendrick (1988)
On 29 June 1988, in Bowen v. Kendrick, the US Supreme Court ruled in a five-to-four decision that the 1981 Adolescent Family Life Act, or AFLA, was constitutional. Under AFLA, the US government could distribute federal funding for abstinence-only sexual education programs, oftentimes given to groups with religious affiliations. As a federal taxpayer, Chan Kendrick challenged the constitutionality of AFLA, claiming it violated the separation of church and state.
Format: Articles
Bailey v. Blue Cross Blue Shield of Virginia (1994)
In 1994, the Eastern Virginia District court case Bailey v. Blue Cross Blue Shield of Virginia established that insurance companies could not deny coverage for experimental stem cell therapy treatments. The plaintiff, Mary Bailey, was diagnosed with advanced stage breast cancer and sought treatment involving high-dose chemotherapy and an advanced stem cell treatment, which was a novelty at the time. Stem cells are cells that have the potential to develop into several different types of cells in the body.
Format: Articles
Subject: Legal
Stuart v. Camnitz (2014)
In Stuart v. Camnitz, the United States Court of Appeals for the Fourth Circuit affirmed the decision of a North Carolina District Court that declared a controversial ultrasound mandate for abortions unconstitutional in 2014. The ultrasound mandate was a part of the Woman’s Right to Know Act introduced in North Carolina in 2011, which placed several restrictions on abortion care providers in the state.
Format: Articles
Subject: Legal
Planned Parenthood v. Danforth (1976)
On 1 July 1976, the US Supreme Court decided in the case Planned Parenthood v. Danforth that provisions of a Missouri law regulating abortion care were unconstitutional. That law, House Bill 1211, restricted abortion care by requiring written consent for each abortion procedure from the pregnant woman as written consent of the woman’s husband if she was married, or the written consent of her parents if she was unmarried and younger than eighteen. House Bill 1211 also required that physicians make efforts to preserve the lives of aborted fetuses.
Format: Articles
Subject: Legal
Woman’s Right to Know Act in Texas (2003)
In 2003, the Texas state legislature passed the Woman’s Right to Know Act, hereafter the Act, as Chapter 171 of the state’s Health and Safety Code. The Act sets requirements that physicians must follow during the informed consent process for abortion, or a medical procedure to terminate pregnancy, in Texas. Lawmakers amended the Act and added several additional regulations that restrict access to abortion in 2011, 2013, 2015, and 2017.
Format: Articles
Subject: Legal
Woman’s Right to Know Act in North Carolina (2011)
The North Carolina state legislature passed The Woman’s Right to Know Act in 2011, which places several restrictions on abortion care in the state. The Woman’s Right to Know Act, or the Act, imposes informed consent requirements that physicians must fulfill before performing an abortion as well as a twenty-four hour waiting period between counseling and the procedure for people seeking abortion, with exceptions for cases of medical emergency.
Format: Articles
Subject: Legal, Reproduction