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Author: Joshua C. Wilson
Publisher: Stanford University Press
ISBN: 150360053X
Category : Social Science
Languages : en
Pages : 129
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Book Description
The 2014 Supreme Court ruling on McCullen v. Coakley striking down a Massachusetts law regulating anti-abortion activism marked the reengagement of the Supreme Court in abortion politics. A throwback to the days of clinic-front protests, the decision seemed a means to reinvigorate the old street politics of abortion. The Court's ruling also highlights the success of a decades' long effort by anti-abortion activists to transform the very politics of abortion. The New States of Abortion Politics, written by leading scholar Joshua C. Wilson, tells the story of this movement, from streets to legislative halls to courtrooms. With the end of clinic-front activism, lawyers and politicians took on the fight. Anti-abortion activists moved away from a doomed frontal assault on Roe v. Wade and adopted an incremental strategy—putting anti-abortion causes on the offensive in friendly state forums and placing reproductive rights advocates on the defense in the courts. The Supreme Court ruling on Whole Woman's Health v. Hellerstedt in 2016 makes the stakes for abortion politics higher than ever. This book elucidates how—and why.
Author: Joshua C. Wilson
Publisher: Stanford University Press
ISBN: 150360053X
Category : Social Science
Languages : en
Pages : 129
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Book Description
The 2014 Supreme Court ruling on McCullen v. Coakley striking down a Massachusetts law regulating anti-abortion activism marked the reengagement of the Supreme Court in abortion politics. A throwback to the days of clinic-front protests, the decision seemed a means to reinvigorate the old street politics of abortion. The Court's ruling also highlights the success of a decades' long effort by anti-abortion activists to transform the very politics of abortion. The New States of Abortion Politics, written by leading scholar Joshua C. Wilson, tells the story of this movement, from streets to legislative halls to courtrooms. With the end of clinic-front activism, lawyers and politicians took on the fight. Anti-abortion activists moved away from a doomed frontal assault on Roe v. Wade and adopted an incremental strategy—putting anti-abortion causes on the offensive in friendly state forums and placing reproductive rights advocates on the defense in the courts. The Supreme Court ruling on Whole Woman's Health v. Hellerstedt in 2016 makes the stakes for abortion politics higher than ever. This book elucidates how—and why.
Author: Ziad Munson
Publisher: John Wiley & Sons
ISBN: 0745688829
Category : Social Science
Languages : en
Pages : 140
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Book Description
Abortion has remained one of the most volatile and polarizing issues in the United States for over four decades. Americans are more divided today than ever over abortion, and this debate colors the political, economic, and social dynamics of the country. This book provides a balanced, clear-eyed overview of the abortion debate, including the perspectives of both the pro-life and pro-choice movements. It covers the history of the debate from colonial times to the present, the mobilization of mass movements around the issue, the ways it is understood by ordinary Americans, the impact it has had on US political development, and the differences between the abortion conflict in the US and the rest of the world. Throughout these discussions, Ziad Munson demonstrates how the meaning of abortion has shifted to reflect the changing anxieties and cultural divides which it has come to represent. Abortion Politics is an invaluable companion for exploring the abortion issue and what it has to say about American society, as well as the dramatic changes in public understanding of women’s rights, medicine, religion, and partisanship.
Author: Eva R. Rubin
Publisher: Praeger
ISBN:
Category : Law
Languages : en
Pages : 298
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Book Description
In 1973 the Roe vs. Wade Supreme Court decision seemed to settle the abortion issue for all time. However, that victory did not win the war, and the impact of that milestone decision still echoes in on-going controversy, litigation, and political maneuvering. In this revised edition, Eva Rubin's discussion of Roe Vs. Wade's far-reaching abortion decision has been updated to bring the litigation and political-judicial controversy up through 1986. This revised account notes the changing character of the controversy and tries to assess the role of the courts in initiating social change and in controlling the impact of divisive political and social issues.
Author: Deana A. Rohlinger
Publisher: Cambridge University Press
ISBN: 1107069238
Category : Computers
Languages : en
Pages : 187
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Book Description
Weaving together analyses of archival material, news coverage, and interviews conducted with journalists from mainstream and partisan outlets as well as with activists across the political spectrum, Deana A. Rohlinger reimagines how activists use a variety of mediums, sometimes simultaneously, to agitate for - and against - legal abortion. Rohlinger's in-depth portraits of four groups - the National Right to Life Committee, Planned Parenthood, the National Organization for Women, and Concerned Women for America - illuminates when groups use media and why they might choose to avoid media attention altogether. Rohlinger expertly reveals why some activist groups are more desperate than others to attract media attention and sheds light on what this means for policy making and legal abortion in the twenty-first century.
Author: Barbara M. Yarnold
Publisher: Bloomsbury Publishing USA
ISBN: 0313388164
Category : Political Science
Languages : en
Pages : 172
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Book Description
In this analysis of federal court cases relying upon the landmark Roe v. Wade decision, the author finds that the pro-life movement in the United States has suffered repeated losses in abortion litigation. Additionally, her research indicates that, despite claims to the contrary, the pro-life movement is a loose collection of underfunded and understaffed public interest organizations. The pro-choice forces are vastly more powerful in abortion litigation, have superior organization and financing, and include not only public interest groups but also private interests such as clinics and professional medical organizations. Divided into three parts, the study begins with a public law analysis of the progeny of Roe cases, examining those variables which appear to impact court decisions. Next the work examines political factors and litigation resources as variables in explaining court decisions. And finally, the work offers a descriptive analysis of abortion litigants which divides the groups into major categories and evaluates them in terms of their resources, longevity, and other such factors. This book will be of interest to those seriously interested in the political and legal ramifications of the abortion controversy.
Author: Edward Keynes
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 432
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Book Description
Since the early 1960s the Supreme Court and its congressional critics have been locked in a continuing dispute over the issues of school prayer, busing, and abortion. Although for years the Court's congressional foes have introduced legislation designed to curb the powers of the federal courts in these areas, they have until now failed to enact such proposals. It is likely that these legislative efforts and the present confrontation with the Court will continue. Edward Keynes and Randall Miller argue that Congress lacks the constitutional power to legislate away the powers of the federal courts and to prevent individuals from seeking redress for presumed infringements of their constitutional rights in these areas. They demonstrate that neither the framers nor ratifiers of the Constitution intended the Congress to exercise plenary power over the appellate jurisdiction of the Supreme Court. Throughout its history the Court has never conceded unlimited powers to Congress; and until the late 1950s Congress had not attempted to gerrymander the Court's jurisdiction in response to specific decisions. But the authors contend this is just what the sponsors of recent legislative attacks on the Court intend, and they see such efforts as threatening the Court's independence and authority as defined in the separation of powers clauses of the Constitution.
Author: Jamal Greene
Publisher: Houghton Mifflin
ISBN: 1328518116
Category : Law
Languages : en
Pages : 341
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Book Description
An eminent constitutional scholar reveals how our approach to rights is dividing America, and shows how we can build a better system of justice.
Author: Joshua C. Wilson
Publisher: Stanford University Press
ISBN: 0804788707
Category : Political Science
Languages : en
Pages : 312
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Book Description
The U.S. Supreme Court decision in Roe v. Wade stands as a historic victory for abortion-rights activists. But rather than serving as the coda to what had been a comparatively low-profile social conflict, the decision mobilized a wave of anti-abortion protests and ignited a heated struggle that continues to this day. Picking up the story in the contentious decades that followed Roe, The Street Politics of Abortion is the first book to consider the rise and fall of clinic-front protests through the 1980s and 1990s, the most visible and contentious period in U.S. reproductive politics. Joshua Wilson considers how street level protests lead to three seminal Court decisions—Planned Parenthood v. Williams, Schenck v. Pro-Choice Network of Western N.Y., and Hill v. Colorado. The eventual demise of street protests via these cases taught anti-abortion activists the value of incremental institutional strategies that could produce concrete policy gains without drawing the public's attention. Activists on both sides ultimately moved—often literally—from the streets to fight in state legislative halls and courtrooms. At its core, the story of clinic-front protests is the story of the Christian Right's mercurial assent as a force in American politics. As the conflict moved from the street, to the courts, and eventually to legislative halls, the competing sides came to rely on a network of lawyers and professionals to champion their causes. New Christian Right institutions—including Pat Robertson's American Center for Law and Justice and the Regent University Law School, and Jerry Falwell's Liberty University School of Law—trained elite activists for their "front line" battles in government. Wilson demonstrates how the abortion-rights movement, despite its initial success with Roe, has since faced continuous challenges and difficulties, while the anti-abortion movement continues to gain strength in spite of its losses.
Author: Drew Halfmann
Publisher: University of Chicago Press
ISBN: 0226313441
Category : Political Science
Languages : en
Pages : 368
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Book Description
Since Roe v. Wade, abortion has continued to be a divisive political issue in the United States. In contrast, it has remained primarily a medical issue in Britain and Canada despite the countries’ shared heritage. Doctors and Demonstrators looks beyond simplistic cultural or religious explanations to find out why abortion politics and policies differ so dramatically in these otherwise similar countries. Drew Halfmann argues that political institutions are the key. In the United States, federalism, judicial review, and a private health care system contributed to the public definition of abortion as an individual right rather than a medical necessity. Meanwhile, Halfmann explains, the porous structure of American political parties gave pro-choice and pro-life groups the opportunity to move the issue onto the political agenda. A groundbreaking study of the complex legal and political factors behind the evolution of abortion policy, Doctors and Demonstrators will be vital for anyone trying to understand this contentious issue.
Author: Paul Benjamin Linton
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 648
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Book Description
Whether a state constitution protects a right to abortion is significant for two reasons: First, it may determine whether the State has the authority to enact and enforce laws regulating abortion (e.g., laws mandating informed consent or requiring parental notice or consent) within current federal constitutional limits. Second, and more important, it will determine whether the State would have the authority to enact and enforce laws prohibiting abortion, if the Supreme Court overrules Roe v. Wade and returns the issue of abortion to the States. Abortion under State Constitutions is the first, full-length treatment of the subject to appear in print. For each State, the author considers possible sources of a right to abortion in the state constitution (privacy, due process of law, equality of rights, equal protection, privileges and immunities, as well as other provisions); state court decisions interpreting those provisions; the relevant state constitutional history; pre-Roe prohibitions of abortion and their interpretation by state courts; post-Roe regulations of abortion; and what rights state law has conferred upon unborn children outside the context of abortion. Based upon the foregoing analysis, arranged topically within each State for ease of reference, the author concludes that thirteen state constitutions protect (or would be interpreted to protect) a state right to abortion that is independent of the right to abortion recognized in Roe v. Wade, while the supreme courts of the other thirty-seven States probably would not recognize a state right to abortion. Likely to become a standard reference work on the subject, Abortion under State Constitutions should be of interest not only to lawyers who litigate state abortion rights claims and judges who decide those cases, but to anyone on either side of the abortion debate who wants to have a better understanding of the status of abortion under state constitutions. "After an admirably incisive outline of federal constitutional law on abortion, Linton clarifies the law of each State in its own individual chapter, greatly facilitating the work of legislators, litigators, and lay activists concerned primarily about the law of their own particular State.... Although the author states that his work is meant to be "predictive" of future state supreme court decisions, he bases his estimations on close analysis of legal doctrine, not on uncertain guesswork about the political considerations of future courts and possible judicial activism. "Abortion under State Constitutions is sure to become the standard reference work for those concerned to resist (or to promote) a right to abortion founded on U.S. state constitutions."--Richard Stith, Professor of Law, Valparaiso University School of Law "Paul Benjamin Linton is one of the most thoughtful, insightful, and thorough legal authorities writing about biomedical ethics and law. Among his past masterpieces are influential law review articles analyzing suicide, euthanasia, same-sex marriage, equal rights, state abortion regulations, and abortion decisions of the U.S. Supreme Court. Now, Linton examines how abortion regulations have fared and would fare under state constitutions. Abortion under State Constitutions is a convincing explanation of the growing importance of state constitutional jurisprudence in controlling the regulation of abortion. The book is an invaluable, timely resource for lawmakers, judges, legal scholars, students, and anyone else interested in the constitutional, legal policy, and social strategies concerning the regulation of elective abortion in America."--Lynn D. Wardle, Bruce C. Hafen Professor of Law, J. Reuben Clark Law School, Brigham Young University "Scholars, advocates and activists involved in the abortion debate owe a debt of gratitude to Paul Linton for sharing his meticulous research. A comprehensive guide to the status of abortion under each state''s constitution, this book is a necessary tool for anyone seeking to predict the consequences of a United States Supreme Court decision overruling Roe v. Wade. As Mr. Linton carefully documents, abortion would remain legal in a minority of states due to state court decisions protecting the procedure under the respective state constitutions. The majority of states probably could enforce abortion prohibitions, but that would require new legislation in most of those states. Abortion under State Constitutions guides the reader through the differing law among the states. "This book will be of particular value to state lawmakers seeking to craft sound public policy in this volatile area. Whether the objective is to protect a woman''s right to choose or an unborn child''s right to life, attentive readers will benefit from Mr. Linton''s expert analysis of the development of state law. His description of the relationship between various state laws and constitutions reflects his decades of experience in advancing and defending state laws in this area.... Regardless of readers'' political views, Abortion under State Constitutions promises to inform, intrigue, and inspire those who care about the issue of abortion."--Teresa S. Collett, Professor of Law, University of St. Thomas School of Law "This is an important book for both sides."--Time Magazine Online
