After June Medical Services: The Past, Present, And Future Of Regulating Reproduction
Genre
VideoDate
2020-06-30Author
Rebouché, RachelCohen, David S.
Goodwin, Michele
Sanger, Carol
Ziegler, Mary
McCammon, Sarah
Group
Center for Public Health Law Research (Temple University Beasley School of Law)Harvard Law and Policy Review (Harvard University)
Florida State University College of Law
Department
LawSubject
Abortion--Law and legislation--United StatesAbortion--Government policy--United States
Abortion--Political aspects--United States
Abortion
Abortion services
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http://hdl.handle.net/20.500.12613/7475
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http://dx.doi.org/10.34944/dspace/7453Abstract
Where does abortion law in the United States stand, and where are we headed? In the wake of Supreme Court’s landmark decision, June Medical Services v. Russo, join the authors of four influential books on reproductive health, Professors David S. Cohen, Michele Goodwin, Carol Sanger, and Mary Ziegler, for a conversation moderated by NPR’s Sarah McCammon about the past, present, and future of the law and politics of reproduction. The authors’ insights also bring into focus recent state policies that have deepened inequalities and strained access to pregnancy and abortion care during the pandemic.Citation
Center for Public Health Law Research, After June Medical Services: The Past, Present, And Future Of Regulating Reproduction (Webinar), YouTube (Jun. 30, 2020), https://www.youtube.com/watch?v=MeKDUUbBd9ECitation to related work
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Assuring Access to AbortionCenter for Public Health Law Research (Temple University) (2021)Over the spring of 2020, numerous states announced measures suspending abortions in response to COVID-19. Banning abortion during the pandemic is counterproductive. Impeding access to abortion will not help preserve healthcare resources. Moreover, prohibiting access to abortion care exacerbates the strain on the healthcare system. People who lack access to abortions will travel to neighboring states, induce their own abortions, or carry pregnancies to term, which will require prenatal care and assistance in childbirth. Perhaps more importantly, the people hit hardest by suspending abortion care are those for whom the pandemic already has had devastating effects. Lifting restrictions on medication abortion and expanding telehealth abortion services will conserve healthcare resources and improve public health. Recognizing the advantages of telemedicine, some states, as well as the federal government, have relaxed restrictions on remote diagnosis and treatment. However, many of those same states have carved out exceptions for abortion in their telemedicine policies. In addition, people seeking medication abortions still face unnecessary restrictions on access, none of which are applied to comparable office-based procedures. Policymakers can eliminate barriers to safe abortion services now and in the future. “No-touch” terminations, in which all medical supervision happens over the telephone or online, can better accomplish the goals that the present abortion suspensions cannot. Telehealth for medical abortion can ease the burdens on pregnant people, healthcare workers, and health systems in light of the unprecedented challenges presented by COVID-19.
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A Functionalist Approach to Comparative Abortion LawRebouché, Rachel (2014)This chapter critiques the present comparative methodology in abortion law and explores the possibilities of a new comparative approach. The current method relies on high- profile but dated constitutional abortion decisions from the United States and Germany. Courts continue to rely on these cases to justify their decisions as consistent with a modern, global convergence around women’s rights and to minimize national resistance to contested law reform. These comparisons, however, oversimplify legal developments of the past forty years by focusing on constitutional norms and legislative regimes, rather than on the relationship between abortion law and practice.
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Abortion OpportunismRebouché, Rachel (2020-05-18)Eleven states have tried to suspend abortion care in response to COVID-19. State officials claim that they will preserve medical supplies, hospital space, and health care capacity by classifyingabortion as an elective, non-essential surgery that must be delayed. Advocacy groups representing abortion providers sued in several states to enjoin these bans. What has emerged is a fight that ignores medical evidence and threatens to exacerbate the current public health emergency. The Executive Order issued in Texas offers an apt example. Though abortion may be available in Texas for the time being, opinions from the U.S. Court of Appeals for the Fifth Circuit provide a troubling roadmap for suspending constitutional rights as a health emergency measure.