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Thesis: The Dynamic Landscape of Abortion Law in the United States

Much change has occurred in abortion laws over the past 50 years, this thesis tracks those changes principally through Supreme Court Cases, such as United States v. Milan Vuitch, Roe v. Wade, and Gonzales v. Planned Parenthood among others. The landscape of abortion law in the US continues to shift today, as recently as 2017 with Plowman v. FMCH cases were being heard in courts that wrought subtle yet important changes in abortion law.

Format: Essays and Theses

Subject: Legal

Thesis: Abortion: An objective lens at the formation of the polarization and stigma

With all of the tension surrounding the moral significance of the abortion issue, the question arises: How did specific figureheads, events, and contributing factors lead to the generation of the stigma and polarization surrounding the dichotomy of pro-life versus pro-choice abortion stances in the United States of America?

Format: Essays and Theses

Subject: Reproduction

Thesis: Informed Consent Laws for Abortion: What Do Women Have a "Right to Know?

The objective of this project was to determine the importance of informed consent laws to achieving the larger goal of dismantling the right to abortion. I found that informed consent counseling materials in most states contain a full timeline of fetal development, along with information about the risks of abortion, the risks of childbirth, and alternatives to abortion. In addition, informed consent laws for abortion are based on model legislation called the “Women’s Right to Know Act” developed by Americans United for Life (AUL).

Format: Essays and Theses

Subject: Legal, Ethics

Abortion

Abortion is the removal of the embryo or fetus from the womb, before birth can occur-either naturally or by induced labor. Prenatal development occurs in three stages: the zygote, or fertilized egg; the embryo, from post-conception to eight weeks; and the fetus, from eight weeks after conception until the baby is born. After abortion, the infant does not and cannot live. Spontaneous abortion is the loss of the infant naturally or accidentally, without the will of the mother. It is more commonly referred to as miscarriage.

Format: Articles

Subject: Processes, Ethics, Reproduction

Commonwealth v. Luceba Parker [Brief] (1845)

The Court settled the question left open from the case of Commonwealth v. Bangs that it must be proved a woman was "quick with child" in order for abortion prohibitions to have any effect in Massachusetts.

Format: Articles

Subject: Legal, Reproduction

Evans v. People of the State of New York [Brief] (1872)

Attempts by the New York legislature to make abortion a crime regardless of the stage of gestation were permanently frustrated because the court decided that manslaughter cannot occur until the law recognizes a living being in gestation and that only happens after quickening.

Format: Articles

Subject: Legal, Reproduction

Ann Trow (Madame Restell) (1812–1878)

Self-proclaimed female physician Ann Trow was a women’s reproductive health specialist as well as an abortion provider in New York City, New York during the mid 1800s. Though she had no formal medical training or background, Trow provided women with healthcare and abortions under the alias Madame Restell. Restell gained attention across the United States for her career as a professional abortionist during a time when abortions were highly regulated and punishable with imprisonment. Restell was tried numerous times for carrying out abortions.

Format: Articles

Subject: People

Eclipse of Reason (1987)

Eclipse of Reason is a 1987 anti-abortion documentary film directed, filmed, and narrated by Bernard Nathanson, an obstetrician in the US. American Portrait Films released the film in 1987 featuring Nathanson’s commentary and footage of an abortion of a four-month-old fetus. The film also featured the testimony of women who had suffered following similar procedures. In Eclipse of Reason, Nathanson equates the fetus to a person, likening abortion procedures to murder and arguing for the illegalization of abortion.

Format: Articles

Subject: Outreach, Religion

Roe v. Wade (1973)

In the 1973 case of Roe v. Wade, the US Supreme Court ruled that laws banning abortion violated the US Constitution. The Texas abortion laws, articles 1191–1194, and 1196 of the Texas penal code, made abortion illegal and criminalized those who performed or facilitated the procedure. Prior to Roe v. Wade, most states heavily regulated or banned abortions. The US Supreme Court decision in Roe v. Wade secured women's rights to terminate pregnancies for any reasons within the first trimester of pregnancy.

Format: Articles

Subject: Legal, Reproduction

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

The Jane Collective (1969–1973)

The Jane Collective was an underground organization that provided illegal abortion services in Chicago, Illinois, from 1969 until abortions became legal in 1973. Formally called the Abortion Counseling Service of Women’s Liberation, the Jane Collective was a member organization and working group within Chicago Women’s Liberation Union that challenged the Illinois state legislature by providing abortions before they were legal in the US.

Format: Articles

Subject: Organizations

“Misericordia et Misera” Section 12 (2016) by Pope Francis of the Catholic Church

Misericordia et Misera (Mercy with Misery) was a letter written by Pope Francis and published in Rome, Italy, on 20 November 2016. Through the letter, Pope Francis gives priests the ability to grant forgiveness for abortion. Before Pope Francis’s letter, priests had some ability to grant forgiveness for the Catholic sin of abortion, but bishops had to grant that ability to the priests individually. Prior to the letter, the official rules of the Catholic Church did not state that priests could forgive abortion-related sins.

Format: Articles

Subject: Publications, Religion

George Richard Tiller (1941-2009)

George Richard Tiller, a doctor who performed abortions in Wichita, Kansas, was shot to death on 31 May 2009 by Scott Roeder. As the director of one of only a small number of clinics in the US that performed legal late-term abortions, Tiller was a target for anti-abortion activists. Though Tiller lived and worked in Kansas, his work agitated anti-abortion groups and fueled the controversy surrounding abortion at a national level. Tiller's life and death fueled the abortion debate in the US.

Format: Articles

Subject: People, Reproduction

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

Henry Morgentaler (1923-2013)

Henry Morgentaler was a physician who performed abortions, acted as a reproductive rights activist, and advocated for legal access to abortions in Canada during the twentieth century. In 1969, he opened his first abortion clinic in Canada and participated in the legal/court case of R v. Morgentaler (1988), which led Canada to decriminalize abortion. Morgentaler helped establish legal access to abortions for women in Canada and advocated for the protection of women's reproductive choices under the law.

Format: Articles

Subject: People

Betty Friedan (1921–2006)

Betty Friedan advocated for the advancement of women's rights in the twentieth century in the United States. In 1963, Friedan wrote The Feminine Mystique, which historians consider a major contribution to the feminist movement. Friedan also helped establish two organizations that advocated for women's right, the National Organization for Women (NOW) in 1963 and, in 1969 the National Association for the Repeal of Abortion Laws (NAARL). Friedan argued for legalizing access to abortion and contraception, and her advocacy helped advance women's reproductive rights.

Format: Articles

Subject: People

"Declaration on Procured Abortion" (1974), by the Vatican

As various societies around the world began legalizing abortive procedures or liberalizing government stances on abortion, the Roman Catholic Church's leaders felt the need to respond to these changes by clarifying the Church's position on procured abortion. One incident in particular that may have inspired the "Declaration on Procured Abortion" is the landmark case in the United States Supreme Court in 1973: Roe v. Wade.

Format: Articles

Subject: Religion, Reproduction

The Development of Mifepristone for Use in Medication Abortions

In the 1980s, researchers at the pharmaceutical company Roussel-Uclaf in Paris, France, helped develop a biological compound called mifepristone. When a woman takes it, mifepristone interferes with the function of hormones involved in pregnancy and it can therefore be used to terminate pregnancies. In 2000, the US Food and Drug Administration approved mifepristone, also called RU 486, as part of a treatment to induce abortions using drugs instead of surgery, a method called medication abortion.

Format: Articles

Subject: Reproduction

"Limitations in Abortion Legislation: A Comparative Study" (2007), by Orli Lotan

Written by Orli Lotan on behalf of the Knesset (Israeli Parliament) Center for Research and Information, "Limitations in Abortion Legislation: A Comparative Study" (hereafter abbreviated "Legislation") examines abortion legislation in Israel, the US, Canada, and a number of European countries. The study also acknowledges the medical, moral, ethical, and religious implications of abortion and the impact of such legislation on society in each country.

Format: Articles

Subject: Publications, Legal, Reproduction

Neural Tube Defects (NTD): Folic Acid and Pregnancy

In the US, one in 1000 births is affected by neural tube defects (NTD). A neural tube defect is a birth defect involving the malformation of body features associated with the brain and spinal cord. An NTD originates from and is characterized by incomplete closure of the neural tube, which is an organizer and precursor of the central nervous system.

Format: Articles

Subject: Disorders, Reproduction

Trial of Madame Restell (Ann Lohman) for Abortion (1841)

In the spring of 1841, abortionist Ann Lohman, called Madame Restell, was convicted for crimes against one of her abortion clients, Maria Purdy. In a deathbed confession, Purdy admitted that she had received an abortion provided by Madame Restell, and she further claimed that the tuberculosis that she was dying from was a result of her abortion. Restell was charged with administering an illegal abortion in New York and her legal battles were heavily documented in the news.

Format: Articles

Subject: Theories

Dissertation: A Fetus By Any Other Name: How Words Shaped the Fetal Personhood Movement in US Courts and Society (1884-1973)

The 1973 Supreme Court case Roe v. Wade was a significant event in the story of fetal personhood—the story of whether embryos and fetuses are legal persons. Roe legalized abortion care in the United States (US). However, the story of fetal personhood began long before the 1970s. People have been talking about embryos, fetuses, and their status in science, the law, and society for centuries.

Format: Essays and Theses

Subject: Reproduction, Ethics, Legal

United States v. Milan Vuitch (1971)

In the 1971 court case United States v. Milan Vuitch, hereafter US v. Vuitch, the US Supreme Court ruled that a Washington, DC law was constitutional by overturning a 1969 district court decision. Beginning in the early twentieth century, Washington, DC, prohibited abortions except for abortions performed to preserve the life or health of the pregnant woman. In 1969, Milan Vuitch, a physician in Washington, DC, was convicted of criminal abortion for providing an abortion when the woman’s life was not endangered.

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

“Miscarriage of Medicine: The Growth of Catholic Hospitals and the Threat to Reproductive Health Care” (2013), by Lois Uttley, Sheila Reynertson, Larraine Kenny, and Louise Melling

In 2013, Lois Uttley, Sheila Reynertson, Larraine Kenny, and Louise Melling published “Miscarriage of Medicine: The Growth of Catholic Hospitals and the Threat to Reproductive Health Care,” in which they analyzed the growth of Catholic hospitals in the United States from 2001 to 2011 and the impact those hospitals had on reproductive health care. In the US, Catholic hospitals are required to abide by the US Catholic Church's Ethical Guidelines for Health Care Providers, also called the Directives.

Format: Articles

Subject: Publications

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