Jessica Mason Pieklo, Robin Marty

Crow After Roe: How Separate But Equal Has Become the New Standard in Women's Health and How We Can Change That

• Broschiertes Buch

Produktbeschreibung

How the Right is making abortion illegal-one state at a time.

Produktdetails

• Verlag: Ig Publishing
• Seitenzahl: 224
• Erscheinungstermin: 30. April 2013
• Englisch
• Abmessung: 208mm x 137mm x 20mm
• Gewicht: 295g
• ISBN-13: 9781935439752
• ISBN-10: 1935439758
• Artikelnr.: 36633731

Autorenporträt

Robin Marty is RH Reality Check's senior political reporter, focusing primarily on state legislation restricting women's reproductive rights. Her political, women's rights, and reproductive articles have appeared in Ms. magazine, Truthout, AlterNet, and BlogHer. Jessica Mason Pieklo is a senior legal analyst at RH Reality Check and the former Assistant Director of the Health Law Institute at Hamline University School of Law. An attorney and law professor, Jessica writes on issues of constitutional law and public policy. Her articles have appeared in Ms. magazine, Truthout, and AlterNet

Inhaltsangabe

Introduction: In the 40th anniversary of Roe v. Wade, a new and rising
batch of laws, rules and regulations have been introduced across the
country, each hoping to successfully bring about a court challenge that
will overturn the law of the land.
. An explanation of Roe v. Wade
. Why is this court different from prior courts, and why is now the time to
challenge Roe?
. What would happen if Roe were overturned?
Abortion Restrictions - Giving Fetuses Rights While Taking Them From Women
. Nebraska - Fetal Pain Bans: The first pre-viability abortion law. Sets up
two direct challenges to Roe by challenging viability and not allowing an
exception for mother's health
. Ohio - The "Heartbeat" Ban: An incremental version of "Personhood" that
has nearly the effectiveness of a personhood ban without that nasty
contraception/IVF complication. A ban that divided abortion opponents by
being "too much too fast."
. Wisconsin - Medication abortion restrictions: Purposefully vague
legislation and potential felony charges created an environment that forced
all reproductive health clinics in the state to cease offering medication
abortions.
. Idaho - The "self-abortion" ruling: Jennie Lynn McCormick's attempt to
end her own pregnancy without visiting a doctor due to prohibitive costs
could translate into the ability for all women to be able to access
abortion without a doctor's permission or a face to face meeting. The idea
became so threatening to the state that they jailed her in order to serve
as an example to other women in her situation.
. Indiana - Bei Bei Shui ruling: "Feticide" can be expanded into punishing
any pregnant women for harm that she does, purposefully or not, to her own
fetus as well as what a doctor or nurse believes her intention may have
been. This creates a precedent where the fetus becomes more of a "person
with rights" than its mother.
Pre-Abortion Access Restrictions and Restricting Access To Contraception:
States create multiple access "road blocks" as a means of increasing the
cost of obtaining an abortion due to travel, lost wages, daycare, and
increased cost of an abortion later in the pregnancy. The access
roadblocks, which disproportionately effect poor and rural women, are an
overall attempt to see how far Casey v. Planned Parenthood's ruling on
"reasonable restrictions to pre-viability abortion without undue burden"
can be stretched.
. Utah - The first non-enjoined 72 hour waiting period. How long is too
onerous when it comes to waiting periods?
. Mississippi - Targeted Regulation of Abortion Procedures (TRAP). Does a
state HAVE to have a clinic? Is a state obligated to not create a law that
could "accidentally" eliminate abortion?
. Kansas - The Conscience Clause. When does the right to not "participate"
in something that "may" cause an abortion supersede the right of a woman to
have access to health care? Especially when it is an "opinion" versus
science, such as when it comes to the alleged abortifacient nature of
contraception and emergency contraception?
. Oklahoma - The Forced Mandatory Ultrasound. Oklahoma was the first state
to introduce the mandatory ultrasound law, complete with scripts for
doctors and a print off of the fetus or embryo for the woman to take with
her. Oklahoma's law was found unconstitutional, but Texas's identical law
was not. The two together set up a near unavoidable trip to the Supreme
Court for a final ruling.
Funding Abortions and Health Care - Creating a "separate but equal" health
system specifically for women. Beginning with the Hyde rule of "no taxpayer
funded abortions except in the case of rape, incest or a mother's health,"
we now see the creation of a "Super-Hyde" rule with no exceptions at all.
The Affordable Care Act has only increased the problem by allowing states
to reject abortion coverage in health care exchanges, create "abortion
riders" and eliminating rape, incest and health as allowable exceptions.
. DC - Medicaid ban on abortion coverage. Congress rules that the District
of Columbia may not allow Medicaid to pay for local abortions, despite the
District's own decision otherwise. The rule acts as a single fast track to
the Supreme Court due to federal oversight by the courts as well as serving
as the first attempt to use Congress to write abortion legislation for the
District, who cannot vote against it.
. Texas - Women's Health Program, reliant on using Planned Parenthood to
provide health care, scraps its full program and federal assistance in
order to create a new program that not only has no allowance for abortions
(which the federal program prohibited, too) but cuts off any funding that
might go to Planned Parenthood. As a result, the state will have a program
providing less access and care for poor women on Medicaid than for women
with health insurance. Texas's program was challenged, but other states
have simply proposed "reprioritizing" funding to ensure it runs out before
it can ever get to a Planned Parenthood provider.
. Arizona - The state rules that employers can decide whether or not a
woman should have birth control covered under her insurance plan, depending
on what she uses the contraception for. The state also protects doctors
from lawsuits if they choose not to tell a woman about potential issues
with her fetus if the doctor believes she would get an abortion as a
result.
Conclusion - What's next? What could change court make up, how could
activists nip a challenge before it happens and what will happen in the
next 40 years? Are there any moves that can be made to get all women equal
health care access regardless of age, location, race or income?