26
|
Swanson E. Diversity in Plastic Surgery and the 2023 US Supreme Court Decision. Ann Plast Surg 2024; 92:345-347. [PMID: 38421208 DOI: 10.1097/sap.0000000000003838] [Citation(s) in RCA: 0] [Impact Index Per Article: 0] [Reference Citation Analysis] [MESH Headings] [Track Full Text] [Journal Information] [Subscribe] [Scholar Register] [Indexed: 03/02/2024]
|
27
|
Ballejos MP. U.S. Supreme Court Decision Implications for Affirmative Action in Medical School Admissions. ACADEMIC MEDICINE : JOURNAL OF THE ASSOCIATION OF AMERICAN MEDICAL COLLEGES 2024; 99:349-350. [PMID: 38166326 DOI: 10.1097/acm.0000000000005617] [Citation(s) in RCA: 0] [Impact Index Per Article: 0] [Reference Citation Analysis] [MESH Headings] [Track Full Text] [Subscribe] [Scholar Register] [Indexed: 01/04/2024]
|
28
|
Chrisphonte P, Bath E. Overturning Roe v Wade and Planned Parenthood v Casey: An Assault to Reproductive and Racial Justice and the Mental Health of Youth. J Am Acad Child Adolesc Psychiatry 2024; 63:393-395. [PMID: 37678665 DOI: 10.1016/j.jaac.2023.08.013] [Citation(s) in RCA: 0] [Impact Index Per Article: 0] [Reference Citation Analysis] [Abstract] [MESH Headings] [Track Full Text] [Journal Information] [Submit a Manuscript] [Subscribe] [Scholar Register] [Received: 10/08/2022] [Revised: 07/08/2023] [Accepted: 08/29/2023] [Indexed: 09/09/2023]
Abstract
On June 24, 2022, the Supreme Court of the United States overturned Roe v Wade and Planned Parenthood v Casey, ending a woman's constitutional right to access abortion. Child and adolescent psychiatrists should be gravely concerned about these decisions. Youth with mental health disorders are an at-risk population. Lack of access to reproductive care, including abortion, will adversely impact the physical and mental health of teens,2 exerting a disproportionate impact on Black and Brown youth, many of whom experience systemic racism and are in systems that leave them structurally vulnerable (ie, in foster care or legal system). These decisions will have a lasting, negative impact on medical, social, and economic outcomes of youth for generations to come. Thus, we make the case that access to reproductive care is a matter of reproductive and racial justice.
Collapse
|
29
|
Lenharo M. Abortion-pill challenge provokes doubt from US Supreme Court. Nature 2024; 628:17-18. [PMID: 38538891 DOI: 10.1038/d41586-024-00938-4] [Citation(s) in RCA: 0] [Impact Index Per Article: 0] [Reference Citation Analysis] [Key Words] [MESH Headings] [Track Full Text] [Journal Information] [Subscribe] [Scholar Register] [Indexed: 04/04/2024]
|
30
|
Tanne JH. US Supreme Court questions legitimacy of case seeking to ban mifepristone. BMJ 2024; 384:q763. [PMID: 38538006 DOI: 10.1136/bmj.q763] [Citation(s) in RCA: 0] [Impact Index Per Article: 0] [Reference Citation Analysis] [MESH Headings] [Track Full Text] [Journal Information] [Submit a Manuscript] [Subscribe] [Scholar Register] [Indexed: 04/06/2024]
|
31
|
Chervenak F, McLeod-Sordjan R, Moreno JD, Pollet S, Bornstein E, Dudenhausen J, Grünebaum A. The importance of professional responsibility and fetal viability in the management of abortion. J Perinat Med 2024; 52:249-254. [PMID: 38342778 DOI: 10.1515/jpm-2023-0503] [Citation(s) in RCA: 0] [Impact Index Per Article: 0] [Reference Citation Analysis] [Abstract] [Key Words] [MESH Headings] [Track Full Text] [Journal Information] [Submit a Manuscript] [Subscribe] [Scholar Register] [Received: 12/03/2023] [Accepted: 01/02/2024] [Indexed: 02/13/2024]
Abstract
In June 2022, the Dobbs v. Jackson Women's Health Organization Supreme Court decision ended the constitutional right to the professional practice of abortion throughout the United States. The removal of the constitutional right to abortion has significantly altered the practice of obstetricians and gynecologists across the US. It potentially increases risks to pregnant patients, leads to profound changes in how physicians can provide care, especially in states with strict bans or gestational limits to abortion, and has introduced personal challenges, including moral distress and injury as well as legal risks for patients and clinicians alike. The professional responsibility model is based on the ethical concept of medicine as a profession and has been influential in shaping medical ethics in the field of obstetrics and gynecology. It provides the framework for the importance of ethical and professional conduct in obstetrics and gynecology. Viability marks a stage where the fetus is a patient with a claim to access to medical care. By allowing unrestricted abortions past this stage without adequate justifications, such as those concerning the life and health of the pregnant individual, or in instances of serious fetal anomalies, the states may not be upholding the equitable ethical consideration owed to the fetus as a patient. Using the professional responsibility model, we emphasize the need for nuanced, evidence-based policies that allow abortion management prior to viability without restrictions and allow abortion after viability to protect the pregnant patient's life and health, as well as permitting abortion for serious fetal anomalies.
Collapse
|
32
|
Levendusky M, Patterson S, Margolis M, Pasek J, Winneg K, Jamieson KH. Has the Supreme Court become just another political branch? Public perceptions of court approval and legitimacy in a post- Dobbs world. SCIENCE ADVANCES 2024; 10:eadk9590. [PMID: 38457495 PMCID: PMC10923515 DOI: 10.1126/sciadv.adk9590] [Citation(s) in RCA: 0] [Impact Index Per Article: 0] [Reference Citation Analysis] [Abstract] [MESH Headings] [Grants] [Track Full Text] [Subscribe] [Scholar Register] [Received: 09/20/2023] [Accepted: 02/02/2024] [Indexed: 03/10/2024]
Abstract
Have perceptions of the U.S. Supreme Court polarized, much like the rest of American politics? Because of the Court's unique role, for many years, it remained one of the few institutions respected by both Democrats and Republicans alike. But the Court's dramatic shift to the right in recent years-highlighted by its Dobbs decision in 2022-potentially upends that logic. Using both eight waves of panel data and 18 nationally representative surveys spanning two decades, we show that while there was little evidence of partisan polarization in earlier years, in 2022 and 2023, such patterns are clear in favorability, trust, legitimacy, and support for reform. Factors that used to protect the Court-like knowledge about it and support for key democratic values-no longer do so. The Court has also become more important to voters, and will likely remain a political flashpoint, with disquieting implications for the Court's place in our polity.
Collapse
|
33
|
Wadman M. Alabama IVF ruling may halt uterus transplants. Science 2024; 383:936-937. [PMID: 38422135 DOI: 10.1126/science.ado9324] [Citation(s) in RCA: 0] [Impact Index Per Article: 0] [Reference Citation Analysis] [Abstract] [MESH Headings] [Track Full Text] [Journal Information] [Subscribe] [Scholar Register] [Indexed: 03/02/2024]
Abstract
Scientists fear wider research impacts if other states label frozen embryos "children".
Collapse
|
34
|
Cherry SB. Abortion Trigger Laws Compared With the Emergency Medical Treatment and Labor Act. Obstet Gynecol 2024; 143:366-368. [PMID: 38086056 DOI: 10.1097/aog.0000000000005483] [Citation(s) in RCA: 0] [Impact Index Per Article: 0] [Reference Citation Analysis] [Abstract] [MESH Headings] [Track Full Text] [Journal Information] [Subscribe] [Scholar Register] [Received: 09/25/2023] [Accepted: 11/09/2023] [Indexed: 02/17/2024]
Abstract
In 2022, the Supreme Court decision in Dobbs v Jackson Women's Health Organization reneged the Constitutional right to an abortion. Many states now enforce laws that ban abortions. There are significant conflicts between state abortion laws and federal regulations that mandate proper assessment, treatment, and stabilization of patients who present for emergency care. This conflict places physicians in an untenable position when treating patients who have a pregnancy that endangers their life. In states that deem abortion a felony, transfer of these patients can extricate the physician, who is in a difficult position. Currently, it is the only reasonable option for hospitals and physicians who are trapped between conflicting state laws and Emergency Medical Treatment and Labor Act rules and regulations.
Collapse
|
35
|
Fink J. Abortion Care in the Dobbs Era. Am J Nurs 2024; 124:14-15. [PMID: 38386824 DOI: 10.1097/01.naj.0001008384.36690.27] [Citation(s) in RCA: 0] [Impact Index Per Article: 0] [Reference Citation Analysis] [Abstract] [MESH Headings] [Track Full Text] [Journal Information] [Subscribe] [Scholar Register] [Indexed: 02/24/2024]
Abstract
Nurses are at the front line.
Collapse
|
36
|
Sehgal NKR, Hswen Y, Cantor J, Upadhyay UD, Reis BY, Remmel C, Brownstein JS, Rader B. The impact of abortion bans on short-term housing needs. Public Health 2024; 228:200-205. [PMID: 38412759 DOI: 10.1016/j.puhe.2024.01.013] [Citation(s) in RCA: 0] [Impact Index Per Article: 0] [Reference Citation Analysis] [Abstract] [Key Words] [MESH Headings] [Track Full Text] [Journal Information] [Subscribe] [Scholar Register] [Received: 09/27/2023] [Revised: 01/09/2024] [Accepted: 01/15/2024] [Indexed: 02/29/2024]
Abstract
OBJECTIVES State-level abortion bans in the United States have created a complex legal landscape that forces many prospective patients to travel long distances to access abortion care. The financial strain and logistical difficulties associated with travelling out of state for abortion care may present an insurmountable barrier to some individuals, especially to those with limited resources. Tracking the impact of these abortion bans on travel and housing is crucial for understanding abortion access and economic changes following the Dobbs U.S. Supreme Court decision. STUDY DESIGN This study used occupancy data from an average of 2,349,635 (standard deviation = 111,578) U.S. Airbnb listings each month from October 1st, 2020, through April 30th, 2023, to measure the impact of abortion bans on travel for abortion care and the resulting economic effects on regional economies. METHODS The study used a synthetic difference-in-differences design to compare monthly-level occupancy rate data from 1-bedroom entire-place Airbnb rentals within a 30-min driving distance of abortion clinics in states with and without abortion bans. RESULTS The study found a 1.4 percentage point decrease in occupancy rates of Airbnbs around abortion clinics in states where abortion bans were in effect, demonstrating reductions in Airbnb use in states with bans. In the 6-month period post Dobbs, this decrease translates to 16,548 fewer renters and a $1.87 million loss in revenue for 1-bedroom entire-place Airbnbs within a 30-min catchment area of abortion facilities in states with abortion restrictions. CONCLUSION This novel use of Airbnb data provides a unique perspective on measuring demand for abortion and healthcare services and demonstrates the value of this data stream as a tool for understanding economic impacts of health policies.
Collapse
|
37
|
Davis KC, Fortino BR, O'Shea NG. Potential consequences of the Dobbs v. Jackson Women's Health Organization decision. PSYCHOLOGY OF ADDICTIVE BEHAVIORS 2024; 38:161-166. [PMID: 38451697 DOI: 10.1037/adb0000986] [Citation(s) in RCA: 0] [Impact Index Per Article: 0] [Reference Citation Analysis] [Abstract] [MESH Headings] [Track Full Text] [Journal Information] [Subscribe] [Scholar Register] [Indexed: 03/09/2024]
Abstract
OBJECTIVE In June 2022, the U.S. Supreme Court released a landmark decision in which they held that the right to abortion is not protected by the U.S. Constitution, ending almost 50 years of federally legal abortion in the United States. Because prior research demonstrates linkages between reproductive health and substance use at multiple socioecological levels, in this special section, we present studies that take a broad scope to understanding how addictive behaviors and reproduction-related behaviors, options, and access to care interrelate across a variety of contexts. METHOD In this introduction, the guest editors detail the impetus for this special section, provide a brief overview of the present studies, discuss policy and intervention implications, and suggest future research directions. RESULTS The five studies presented in this special section span a wide range of populations, methods, and substance use and reproduction-related issues, including reasons for past abortions among women with opioid use disorder, alcohol effects on men's condom use resistance, considerations regarding alcohol-involved rape on implementation of "rape exceptions" to abortion bans, the role of early exposure to substance use and sexual abuse on reproductive health outcomes, and the effects of exposure to abortion-related media coverage on alcohol use intentions following the Supreme Court decision. CONCLUSIONS The studies in this special section highlight the ways in which substance use and reproductive health are inextricably intertwined. Recent and future changes in reproductive health legislation and policy underscore the critical need for continued empirical inquiry into these intersecting public health concerns. (PsycInfo Database Record (c) 2024 APA, all rights reserved).
Collapse
|
38
|
Wadman M. What's at stake for science in 'abortion pill' case. Science 2024; 383:689-690. [PMID: 38359105 DOI: 10.1126/science.ado6440] [Citation(s) in RCA: 0] [Impact Index Per Article: 0] [Reference Citation Analysis] [Abstract] [MESH Headings] [Track Full Text] [Journal Information] [Subscribe] [Scholar Register] [Indexed: 02/17/2024]
Abstract
Supreme Court decision this summer could gut FDA's authority over drugs.
Collapse
|
39
|
Watson K. A Physician Attack on the FDA - Will the Supreme Court Reduce Access to Mifepristone? N Engl J Med 2024; 390:563-567. [PMID: 38265642 DOI: 10.1056/nejmms2312012] [Citation(s) in RCA: 0] [Impact Index Per Article: 0] [Reference Citation Analysis] [MESH Headings] [Track Full Text] [Journal Information] [Submit a Manuscript] [Subscribe] [Scholar Register] [Indexed: 01/25/2024]
|
40
|
Harris E. Requests for Abortion Medications for Future Use Surged Post-Dobbs. JAMA 2024; 331:385. [PMID: 38231493 DOI: 10.1001/jama.2023.27438] [Citation(s) in RCA: 0] [Impact Index Per Article: 0] [Reference Citation Analysis] [MESH Headings] [Track Full Text] [Journal Information] [Submit a Manuscript] [Subscribe] [Scholar Register] [Indexed: 01/18/2024]
|
41
|
Dahl CM, Turok D, Heuser CC, Sanders J, Elliott S, Pangasa M. Strategies for obstetricians and gynecologists to advance reproductive autonomy in a post-Roe landscape. Am J Obstet Gynecol 2024; 230:226-234. [PMID: 37536485 DOI: 10.1016/j.ajog.2023.07.055] [Citation(s) in RCA: 0] [Impact Index Per Article: 0] [Reference Citation Analysis] [Abstract] [Key Words] [MESH Headings] [Track Full Text] [Journal Information] [Subscribe] [Scholar Register] [Received: 04/03/2023] [Revised: 07/18/2023] [Accepted: 07/26/2023] [Indexed: 08/05/2023]
Abstract
The monumental reversal of Roe vs Wade dramatically impacted the landscape of reproductive healthcare access in the United States. The decision most significantly affects communities that historically have been and continue to be marginalized by systemic racism, classism, and ableism within the medical system. To minimize the harm of restrictive policies that have proliferated since the Supreme Court overturned Roe, it is incumbent on obstetrician-gynecologists to modify practice patterns to meet the pressing reproductive health needs of their patients and communities. Change will require cross-discipline advocacy focused on advancing equity and supporting the framework of reproductive justice. Now, more than ever, obstetrician-gynecologists have a critical responsibility to implement new approaches to service delivery and education that will expand access to evidence-based, respectful, and person-centered family planning and early pregnancy care regardless of their practice location or subspecialty.
Collapse
|
42
|
Minkoff H, Vullikanti RU, Marshall MF. The Two Front War on Reproductive Rights-When the Right to Abortion is Banned, Can the Right to Refuse Obstetrical Interventions Be Far behind? THE AMERICAN JOURNAL OF BIOETHICS : AJOB 2024; 24:11-20. [PMID: 37830758 DOI: 10.1080/15265161.2023.2262960] [Citation(s) in RCA: 19] [Impact Index Per Article: 19.0] [Reference Citation Analysis] [Abstract] [Key Words] [MESH Headings] [Track Full Text] [Subscribe] [Scholar Register] [Indexed: 10/14/2023]
Abstract
The loss of the federally protected constitutional right to an abortion is a threat to the already tenuous autonomy of pregnant people, and may augur future challenges to their right to refuse unwanted obstetric interventions. Even before Roe's demise, pregnancy led to constraints on autonomy evidenced by clinician-led legal incursions against patients who refused obstetric interventions. In Dobbs v. Jackson Women's Health Organization, the Supreme Court found that the right to liberty espoused in the Constitution does not extend to a pregnant person's right to an abortion. With Roe's demise, the right to request specific types of care has been vitiated. The same argument underpinning that holding may now become ballast for attacks on the traditionally more robust right, the right to refuse. Here we discuss how the elevation of fetal and embryonic rights may lead to a cascade of medical intrusions and deprivations of liberty against pregnant persons, and offer an argument opposing these improprieties.
Collapse
|
43
|
Woodcock A, Carter G, Baayd J, Turok DK. The US Supreme Court Dobbs decision's impact on the future plans of 2023 residency graduates at the University of Utah. Contraception 2024; 130:110328. [PMID: 37977429 DOI: 10.1016/j.contraception.2023.110328] [Citation(s) in RCA: 0] [Impact Index Per Article: 0] [Reference Citation Analysis] [Abstract] [Key Words] [MESH Headings] [Track Full Text] [Journal Information] [Subscribe] [Scholar Register] [Received: 08/16/2023] [Revised: 11/10/2023] [Accepted: 11/13/2023] [Indexed: 11/19/2023]
Abstract
OBJECTIVES This study aimed to understand how the Dobbs decision impacted graduating resident physicians in Utah and to understand residents' perspectives on abortion access. STUDY DESIGN We invited all 2023 graduating residents at the University of Utah, from all specialties, to participate in this survey. We analyzed univariate relationships between respondent demographics and change of career plans post-Dobbs. We also performed a thematic analysis of free text responses. RESULTS We received responses from 85 residents (55% of all graduating residents from the University of Utah) representing 19 specialties. Six (7%) residents changed their practice location due to the Dobbs decision. Most residents supported and wanted to advocate for legal abortion. In a thematic analysis, many graduating residents do not want to live in an abortion-restrictive state. CONCLUSIONS The Dobbs decision impacts physicians across all specialties, not just obstetrician/gynecologists. IMPLICATIONS Future research into the impact of the Dobbs decision should include physicians of all specialties.
Collapse
|
44
|
Pereira RI, Diaz-Thomas A, Hinton A, Myers AK. A call to action following the US Supreme Court affirmative action ruling. Lancet 2024; 403:332-335. [PMID: 38104576 DOI: 10.1016/s0140-6736(23)02700-9] [Citation(s) in RCA: 0] [Impact Index Per Article: 0] [Reference Citation Analysis] [MESH Headings] [Track Full Text] [Journal Information] [Submit a Manuscript] [Subscribe] [Scholar Register] [Received: 08/27/2023] [Accepted: 11/29/2023] [Indexed: 12/19/2023]
|
45
|
Thornburg B, Kennedy-Hendricks A, Rosen JD, Eisenberg MD. Anxiety and Depression Symptoms After the Dobbs Abortion Decision. JAMA 2024; 331:294-301. [PMID: 38261045 PMCID: PMC10807253 DOI: 10.1001/jama.2023.25599] [Citation(s) in RCA: 0] [Impact Index Per Article: 0] [Reference Citation Analysis] [Abstract] [MESH Headings] [Grants] [Track Full Text] [Journal Information] [Submit a Manuscript] [Subscribe] [Scholar Register] [Received: 05/15/2023] [Accepted: 11/20/2023] [Indexed: 01/24/2024]
Abstract
Importance In 2022, the US Supreme Court abolished the federal right to abortion in the Dobbs v Jackson Women's Health Organization decision. In 13 states, abortions were immediately banned via previously passed legislation, known as trigger laws. Objective To estimate changes in anxiety and depression symptoms following the Dobbs decision among people residing in states with trigger laws compared with those without them. Design, Setting, and Participants Using the nationally representative repeated cross-sectional Household Pulse Survey (December 2021-January 2023), difference-in-differences models were estimated to examine the change in symptoms of depression and anxiety after Dobbs (either the June 24, 2022, Dobbs decision, or its May 2, 2022, leaked draft benchmarked to the baseline period, prior to May 2, 2022) by comparing the 13 trigger states with the 37 nontrigger states. Models were estimated for the full population (N = 718 753), and separately for 153 108 females and 102 581 males aged 18 through 45 years. Exposure Residing in states with trigger laws following the Dobbs decision or its leaked draft. Main Outcomes and Measures Anxiety and depression symptoms were measured via the Patient Health Questionnaire-4 ([PHQ-4]; range, 0-12; scores of more than 5 indicate elevated depression or anxiety symptoms; minimal important difference unknown). Results The survey response rate was 6.04% overall, and 87% of respondents completed the PHQ-4. The population-weighted mean age was 48 years (SD, 17 years), and 51% were female. In trigger states, the mean PHQ-4 scores in the baseline period and after the Dobbs decision were 3.51 (95% CI, 3.44 to 3.59) and 3.81 (95% CI, 3.75 to 3.87), respectively, and in nontrigger states were 3.31 (95% CI, 3.27 to 3.34) and 3.49 (95% CI, 3.45 to 3.53), respectively. There was a significantly greater increase in the mean PHQ-4 score by 0.11 (95% CI, 0.06 to 0.16; P < .001) in trigger states vs nontrigger states. From baseline to after the draft was leaked, the change in PHQ-4 was not significantly different for those in trigger states vs nontrigger states (difference-in-differences estimate, 0.09; 95% CI, -0.03 to 0.21; P = .15). From baseline to after the Dobbs opinion, there was a significantly greater increase in mean PHQ-4 scores for those in trigger states vs nontrigger states among females aged 18 through 45 years (difference-in-differences estimate, 0.23; 95% CI, 0.08 to 0.37; P = .002). Among males aged 18 through 45 years, the difference-in-differences estimate was not statistically significant (0.14; 95% CI, -0.08 to 0.36; P = .23). Differences in estimates for males and females aged 18 through 45 were statistically significant (P = .02). Conclusions and Relevance In this study of US survey data from December 2021 to January 2023, residence in states with abortion trigger laws compared with residence in states without such laws was associated with a small but significantly greater increase in anxiety and depression symptoms after the Dobbs decision.
Collapse
|
46
|
Guo Y, Zehrung R, Genuario K, Lu X, Mei Q, Chen Y, Zheng K. Perspectives on Privacy in the Post-Roe Era: A Mixed-Methods of Machine Learning and Qualitative Analyses of Tweets. AMIA ... ANNUAL SYMPOSIUM PROCEEDINGS. AMIA SYMPOSIUM 2024; 2023:951-960. [PMID: 38222378 PMCID: PMC10785943] [Citation(s) in RCA: 0] [Impact Index Per Article: 0] [Reference Citation Analysis] [Abstract] [MESH Headings] [Subscribe] [Scholar Register] [Indexed: 01/16/2024]
Abstract
Abortion is a controversial topic that has long been debated in the US. With the recent Supreme Court decision to overturn Roe v. Wade, access to safe and legal reproductive care is once again in the national spotlight. A key issue central to this debate is patient privacy, as in the post-HITECH Act era it has become easier for medical records to be electronically accessed and shared. This study analyzed a large Twitter dataset from May to December 2022 to examine the public's reactions to Roe v. Wade's overruling and its implications for privacy. Using a mixed-methods approach consisting of computational and qualitative content analysis, we found a wide range of concerns voiced from the confidentiality of patient-physician information exchange to medical records being shared without patient consent. These findings may inform policy making and healthcare industry practices concerning medical privacy related to reproductive rights and women's health.
Collapse
|
47
|
Rader B, Hswen Y, Sehgal NKR, Brownstein JS. Travel Time and Costs for Abortion for Military Service Members After the Dobbs Decision. JAMA 2024; 331:75-77. [PMID: 37948072 PMCID: PMC10638662 DOI: 10.1001/jama.2023.22418] [Citation(s) in RCA: 0] [Impact Index Per Article: 0] [Reference Citation Analysis] [Abstract] [MESH Headings] [Track Full Text] [Journal Information] [Submit a Manuscript] [Subscribe] [Scholar Register] [Received: 08/03/2023] [Accepted: 10/12/2023] [Indexed: 11/12/2023]
Abstract
This study quantifies the change in travel times for military service personnel to abortion facilities following the US Supreme Court Dobbs decision and estimates the cost of an abortion-related travel reimbursement policy.
Collapse
|
48
|
Oyedele O, Rohan AJ. Supreme Court Decision on Affirmative Action and Nursing Workforce Diversification. MCN Am J Matern Child Nurs 2024; 49:6-7. [PMID: 38047600 DOI: 10.1097/nmc.0000000000000975] [Citation(s) in RCA: 0] [Impact Index Per Article: 0] [Reference Citation Analysis] [MESH Headings] [Track Full Text] [Journal Information] [Subscribe] [Scholar Register] [Indexed: 12/05/2023]
|
49
|
Huff L. The Ninth Amendment: An Underutilized Protection for Reproductive Choice. JOURNAL OF LAW AND HEALTH 2024; 37:105-126. [PMID: 38833598] [Citation(s) in RCA: 0] [Impact Index Per Article: 0] [Reference Citation Analysis] [Abstract] [MESH Headings] [Subscribe] [Scholar Register] [Indexed: 06/06/2024]
Abstract
Concern about individual rights and the desire to protect them has been part of our nation since its founding, and continues to be so today. The Ninth Amendment was created to assuage the Framers' concerns that enumerating some rights in the Bill of Rights would leave unenumerated rights unrecognized and unprotected, affirming that those rights are not disparaged or denied by their lack of textual support. The Ninth Amendment has appeared infrequently in our jurisprudence, and Courts initially construed it rather narrowly. But starting in the 1960s, the Ninth Amendment emerged as a powerful tool not just for recognizing unanticipated rights, but for protecting or expanding even enumerated rights. The right to privacy--encompassing the right to contraception and abortion--the right to preserve the integrity of your family, the right to vote, the right to own a firearm as an individual--all these rights have been asserted under and found to be supported by the Ninth Amendment. In its Dobbs v. Jackson Women's Health decision overturning Roe, the Supreme Court found that there is no right to abortion because it is not in the Constitution. But the potential of the Ninth Amendment is such that reproductive choice need not be mentioned in the Constitution to be protected. Reproductive choice may rightfully be considered as part of a right to privacy, an unenumerated right that nevertheless has abundant precedent behind it. The Ninth Amendment, and its counterparts found in many state constitutions, has the power to protect not just reproductive choice, but all of our fundamental rights.
Collapse
|
50
|
Linton PB. In Vitro Fertilization, State Wrongful Death Statutes and State Fetal Homicide Statutes: The Reaction to LePage v. Center for Reproductive Medicine. ISSUES IN LAW & MEDICINE 2024; 39:50-65. [PMID: 38771714] [Citation(s) in RCA: 0] [Impact Index Per Article: 0] [Reference Citation Analysis] [Abstract] [MESH Headings] [Subscribe] [Scholar Register] [Indexed: 05/23/2024]
Abstract
The Alabama Supreme Court recently held, in LePage v. Center for Reproductive Medicine, that the parents of human embryos that were negligently destroyed at a fertility clinic could bring an action for damages under the State's wrongful death statute. Although the Alabama legislature promptly enacted a law essentially overturning the state supreme court's decision, concerns have been raised that the court's decision might influence courts in other States to interpret their wrongful death statutes, or possibly even their fetal homicide statutes, to apply in similar circumstances, thereby threatening the availability of in vitro fertilization (IVF) technology. This article addresses those concerns. With respect to wrongful death statutes, only fourteen States (excluding Alabama) have interpreted their statutes to apply to unborn children without regard to their stage of gestation or development. The majority of States impose a gestational requirement (typically, viability) which would preclude their application to the destruction of human embryos. Even with respect to the minority of States that impose no limitation on the cause of action, those statutes, either by their express language or by fair interpretation, would not apply to unimplanted human embryos. With respect to the fetal homicide statutes in thirty-one States that do not have any gestational or developmental limitation, the statutes in twenty-six of those States apply only to acts causing the death of an unborn child in utero. As to the statutes in the other five States, the structure of the statute, considered in light of the applicable case law, strongly suggests that there would be no liability for causing the death of an unborn child before implantation. In sum, the Alabama Supreme Court's decision in LePage is not likely to be followed as a precedent in interpreting either the wrongful death statutes or the fetal homicide statutes of any other State.
Collapse
|