Tag: reproductive freedom

. Group of pregnant women and women with children. Vector illustration

#MaternalHealthAwarenessDay: Three Policies to Push

Joelle Boxer Leave a comment

By Joelle Boxer

Today is Maternal Health Awareness Day, focused on the theme “Access in Crisis.”

“Crisis” is the right word, yet still an understatement. In the U.S., for every 100,000 live births in 2021, nearly 33 pregnant people lost their lives. In Norway, that number was 2. Black and Native American women in the U.S. are particularly at risk, with death rates 2-3 times higher than those of white women, due to structural racism.

What can the law do to prevent these deaths? Medicaid pays for more than 40% of births in the U.S., covering 64% of Black mothers and 66% of Native American mothers. Examining efforts at the federal and state level, I highlight three options, leveraging Medicaid as a policy lever.

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Rows of gold post office boxes with one open mail box.

Plan to See ‘Plan C’ This Year

Joelle Boxer Leave a comment

By Joelle Boxer

Tracy Droz Tragos’ new documentary, “Plan C,” follows the work of a grassroots organization dedicated to improving access to the abortion pill by mail in the U.S., while navigating an increasingly restrictive legal landscape.

There is no better time to hear the perspectives of these patients, providers, and activists. Just last month, the U.S. Supreme Court took on a case to determine the legal status of the pill, also called mifepristone. With a decision expected in June 2024, Tragos’ film shows us what’s at stake.

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FAIRFAX COUNTY, VIRGINIA, USA - NOVEMBER 4, 2008: Women voters at polls during presidential election, paper ballots.

Taking Abortion to the Polls: What To Expect in Ohio

Joelle Boxer 1 Comment

By Joelle Boxer

Dobbs “return[ed]” the authority to regulate abortion to “the people and their elected representatives.” The people of Ohio will act on that authority on November 7, demonstrating yet again the emerging role of referenda in American abortion law.

The referendum will determine if “The Right to Reproductive Freedom with Protections for Health and Safety Amendment,” or Issue 1, is added to the Ohio Constitution. It reads as follows: “Every individual has a right to make and carry out one’s own reproductive decisions, including but not limited to decisions on contraception, fertility treatment, continuing one’s own pregnancy, miscarriage care, and abortion.”

The amendment would establish a constitutional right to abortion before fetal viability (around 22-24 weeks gestation), and would include exceptions for later term abortions in instances where it is necessary to protect the pregnant person’s life or health.

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State of California flag on a flagpole.

California’s Reproductive Freedom Efforts Should Meaningfully Include People With Disabilities

Joelle Boxer 1 Comment

By Joelle Boxer

Last month, California Governor Gavin Newsom signed a package of nine reproductive health care bills, following the passage of fifteen such bills in 2022. While the state should be lauded for its efforts, it has come up short. Recent legislation largely excludes up to 25% of the adult population: Californians with disabilities.

People with disabilities in the U.S. experience wide disparities in accessing reproductive health care, rooted in a long history of oppressive reproductive control. California should take action now to address these disparities and fulfil its goal of becoming a “reproductive freedom state” for all.

This article will examine recent movement on reproductive health care legislation in California, explain its failure to meet the needs of Californians with disabilities, and suggest a path forward in line with principles of disability reproductive justice.

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American Constitution - We the people with US Flag and gavel.

Abortion Bans Threatening Pregnant Patients’ Lives Are Unconstitutional

The Petrie-Flom Center Staff Leave a comment

By James G. Hodge, Jr., Jennifer Piatt, Erica N. White, Summer Ghaith, Madisyn Puchebner, and C. McKenna Sauer

Following the Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization, which overturned the constitutional right to abortion, laws went into effect in multiple states that restrict when abortions may be provided, including during potentially life-threatening emergencies.

To the extent highly restrictive, amorphous, and indeterminate abortion bans contravene physician implementation of life-saving interventions for pregnant patients — and thus infringe upon the Fourteenth Amendment’s protection of the right to life — they are unconstitutional.

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Washington, DC, USA, May 5, 2022: people protest the leaked draft Supreme Court opinion overturning Roe v. Wade and the right to abortion

Stemming Supreme Court Rights Reversals

The Petrie-Flom Center Staff Leave a comment

By James G. Hodge, Jr.

Based on the May 2022 leak of an initial draft, most believe the Supreme Court will carry through some rescission of abortion rights later this month through its final opinion in Dobbs v. Jackson Women’s Health Organization.

Already, concerns have arisen over other freedoms the Court may seriously reconsider down the road, including rights to gay marriage, intimacy, contraception, and informational privacy.

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Black and white photograph of the front of the Supreme Court. Pro-abortion protestors stand holding signs, one of which reads "I stand with Whole Woman's Health"

A Brief History of Abortion Jurisprudence in the United States

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By James R. Jolin

POLITICO’s leak of Supreme Court Justice Samuel Alito’s draft majority opinion in Dobbs v. Jackson Women’s Health Organization suggests that U.S. abortion rights are on the verge of a fundamental shift.

If the official decision, expected this month, hews closely to the draft, the constitutional right to abortion affirmed in Roe v. Wade (1973), Planned Parenthood v. Casey (1992), and other seminal Supreme Court rulings will disappear.

This brief history of abortion rights and jurisprudence in the United States aims to clarify just what is at stake in this case.

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Washington, DC, USA, May 5, 2022: people protest the leaked draft Supreme Court opinion overturning Roe v. Wade and the right to abortion

The Leaked Dobbs Opinion, Explained

Chloe Reichel Leave a comment

By Chloe Reichel

On May 2, 2022, Politico published a leaked draft of the majority opinion in Dobbs v. Jackson Women’s Health Organization, which showed the Supreme Court’s intent to overturn the right to abortion as decided in Roe v. Wade.

In response to the leak, the Petrie-Flom Center hosted a discussion with legal historian and Daniel P.S. Paul Visiting Professor of Constitutional Law Mary Ziegler and Petrie-Flom Center Faculty Director, James A. Attwood and Leslie Williams Professor of Law, and Deputy Dean I. Glenn Cohen.

Together, Cohen and Ziegler explained the background of the case, the contents of the draft opinion, and its potential implications not just for abortion access, but also for other constitutionally-protected rights, and for access to reproductive technologies, such as in-vitro fertilization.

The highlights of the conversation have been edited and condensed below.

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WASHINGTON MAY 21: Pro-choice activists rally to stop states’ abortion bans in front of the Supreme Court in Washington, DC on May 21, 2019.

Tennessee on My Mind: Reflections on the Reinstated Abortion ‘Reason Bans’

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By Cathy Zhang

In February, the Sixth Circuit Court of Appeals issued a one-sentence order allowing Tennessee’s “reason ban” abortion restrictions to go into effect. The restrictions make it a felony for a provider (or any other person) to perform an abortion if the provider “knows” the patient is seeking an abortion on account of the fetus’s sex, race, or probable diagnosis of Down syndrome.

The court below had previously enjoined the Tennessee law, which also includes a pre-viability abortion ban. This order leaves the previability ban in place while lifting the injunction on the reason bans; the reason bans will remain in effect until the Supreme Court makes a further ruling on abortion in Dobbs. In her dissent, Circuit Judge Karen Nelson Moore charged that the court’s order “subvert[s] the normal judicial process” and reflects a growing tendency of federal courts “to delay the adjudication of laws that significantly impair constitutional rights.”

Numerous health organizations, racial justice groups, and disability advocates alike have warned against the harms that the reason bans will inflict on people of color and disabled persons. Statements from these groups, along with 19 states and the District of Columbia, a host of constitutional law scholars, and other amici make clear that the law’s purported concern for marginalized groups belies an effort to restrict abortion access at the expense of pregnant people’s health and constitutional rights.

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(Institute for the feeble-minded, Lincoln, Ill. / Library of Congress)

Brittney Poolaw and the Long Tradition of State-Sponsored Control of Women and Their Fertility

Lauren Breslow Leave a comment

By Lauren Breslow

On October 5, 2021, a 20-year-old Native American woman, Brittney Poolaw, was convicted by an Oklahoma jury of manslaughter for the death of her 17-week-old, non-viable fetus.

Her conviction stands as a modern recapitulation of the historical violations that women, especially Black and Brown women, have endured regarding their fertility.

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