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Books > Social sciences > Sociology, social studies > Social issues > Ethical issues & debates > Abortion
Mark Graber looks at the history of abortion law in action to argue
that the only defensible, constitutional approach to the issue is
to afford all women equal choice - abortion should remain legal or
bans should be strictly enforced. Steering away from metaphysical
critiques of privacy, Graber compares the philosophical,
constitutional, and democratic merits of the two systems of
abortion regulation witnessed in the twentieth-century: pre-Roe v.
Wade statutory prohibitions on abortion and Roe's ban on
significant state interference with the market for safe abortion
services. He demonstrates that before Roe, pro-life measures were
selectively and erratically administered, thereby subverting our
constitutional commitment to equal justice. Claiming that these
measures would be similarly administered if reinstated, the author
seeks to increase support for keeping abortion legal, even among
those who have reservations about its morality. Abortion should
remain legal, Graber argues, because statutory bans on abortion
have a history of being enforced in ways that intentionally
discriminate against poor persons and persons of color. In the
years before Roe, the same law enforcement officials who routinely
ignored and sometimes assisted those physicians seeking to
terminate pregnancies for their private patients too often
prevented competent abortionists from offering the same services to
the general public. This double standard violated the fundamental
human and constitutional right of equal justice under law, a right
that has powerful roots in the American political tradition and
that remains a major concern of the equal protection clause of the
Fourteenth Amendment.
Foreign assistance by the United States is tangled with domestic
politics, and perhaps this is most clear in relation to funding for
health and family planning. The long arm of U.S. domestic politics
has reached the intimate lives of women all over the world because
it has threatened major cuts in funding to healthcare organizations
in developing countries if they perform or promote abortions. This
"global gag rule," so-called because to even mention abortion
endangered funding, has been a hallmark of Republican
administrations since it was first enacted by President Ronald
Reagan. When Donald Trump reinstated and expanded the policy, there
was popular uproar and a firestorm of debate. Proponents of the
policy emphasize the importance of reducing the number of abortions
globally and claim that the gag rule will be effective in achieving
this goal. In this innovative book, Yana van der Meulen Rodgers
argues that the gag rule has failed to achieve its goal of reducing
abortions, in fact the restrictive legislation likely has increased
unsafe abortions, and because the reduction in funding is
indiscriminate there are negative repercussions across a range of
health outcomes for women, children, and men. While proponents of
the policy rely on ideology, Rodgers provides systematic analysis
of how the global gag rule affects women's reproductive health
across developing regions, grounded in a conceptual framework that
models the complex factors that influence women's decision making
about fertility. She also traces the background to American policy,
the evolution of international family planning programs, the links
between contraceptive access and fertility rates, and the
relationship between restrictive abortion laws and abortion rates.
And because Rodgers provides a rounded perspective on factors
influencing women's decisions on reproduction and abortion, she
offers a constructive and cost-effective approach for U.S. family
planning assistance that targets integrated reproductive health
services.
Few Supreme Court decisions have stirred up as much controversy,
vitriolic debate, and even violence as Roe v. Wade in 1973. Four
decades later, it remains a touchstone for the culture wars in the
United States and a pivot upon which much of our politics turns.
With that in mind, N. E. H. Hull and Peter Charles Hoffer have
taken stock of the abortion debates, controversies, and cases that
have emerged during the past decade in order to update their
best-selling book on this landmark case. As with the first two
editions, this book details the case's historical background;
highlights Roe v. Wade's core issues, essential personalities, and
key precedents; tracks the case's path through the courts;
clarifies the jurisprudence behind the Court's ruling in Roe;
assesses the impact of the presidential elections of George W. Bush
and Barack Obama along with the confirmations of Chief Justice John
Roberts, Justice Samuel Alito, Justice Sonia Sotomayor; and gauges
the case's impact on American society and subsequent challenges to
it in Webster v. Reproductive Health Services (1989), Planned
Parenthood v. Casey (1992), and Gonzales v. Carhart (2007). This
third updated edition also adds two completely new chapters
covering abortion politics and legal battles in Obama's second term
and Donald J. Trump's first term. The new material covers two
important cases in detail: Whole Woman's Health v. Hellerstedt
(2016) and June Medical Services, LLC v. Russo (2020). The cases
dealt with state laws-Texas and Louisiana, respectively-designed to
limit access to abortion by requiring doctors performing abortions
to have admission privileges at a state-authorized hospital within
thirty miles of the abortion clinic. In both cases the Court ruled
the laws unconstitutional, thus handing abortion rights' activists
key victories in the face of an increasingly conservative Court.
The new chapters also cover the confirmations of Justices Elena
Kagan, Neil Gorsuch, and Brett Kavanaugh as well as the heated
political environment surrounding the Court in the age of Trump.
Few Supreme Court decisions have stirred up as much controversy,
vitriolic debate, and even violence as Roe v. Wade in 1973. Four
decades later, it remains a touchstone for the culture wars in the
United States and a pivot upon which much of our politics turns.
With that in mind, N. E. H. Hull and Peter Charles Hoffer have
taken stock of the abortion debates, controversies, and cases that
have emerged during the past decade in order to update their
best-selling book on this landmark case. As with the first two
editions, this book details the case's historical background;
highlights Roe v. Wade's core issues, essential personalities, and
key precedents; tracks the case's path through the courts;
clarifies the jurisprudence behind the Court's ruling in Roe;
assesses the impact of the presidential elections of George W. Bush
and Barack Obama along with the confirmations of Chief Justice John
Roberts, Justice Samuel Alito, Justice Sonia Sotomayor; and gauges
the case's impact on American society and subsequent challenges to
it in Webster v. Reproductive Health Services (1989), Planned
Parenthood v. Casey (1992), and Gonzales v. Carhart (2007). This
third updated edition also adds two completely new chapters
covering abortion politics and legal battles in Obama's second term
and Donald J. Trump's first term. The new material covers two
important cases in detail: Whole Woman's Health v. Hellerstedt
(2016) and June Medical Services, LLC v. Russo (2020). The cases
dealt with state laws-Texas and Louisiana, respectively-designed to
limit access to abortion by requiring doctors performing abortions
to have admission privileges at a state-authorized hospital within
thirty miles of the abortion clinic. In both cases the Court ruled
the laws unconstitutional, thus handing abortion rights' activists
key victories in the face of an increasingly conservative Court.
The new chapters also cover the confirmations of Justices Elena
Kagan, Neil Gorsuch, and Brett Kavanaugh as well as the heated
political environment surrounding the Court in the age of Trump.
An author and professor presents the objective logical arguments
against abortion; the subjective, personal motives of the pro-life
position; and how these two factors influence the dialog between
the two sides of the abortion issue.
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