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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.
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.
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.
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.
Tatalovich (political science, Loyala U.) continues his studies on moral conflicts in public policy by examining the differences and similarities by which Canadian and US governments, political parties, and activists have addressed the issue of abortion. He discusses the history of the conflict since the 1950s, judicial activism and legislative responses, public opinion, party politics and elections, and federalism and the implementation problem. Having proposed models of a politicized America and depoliticized Canada, he concludes by comparing social convergence and institutional divergence. Paper edition (418-7) $21.95. Annotation copyrighted by Book News, Inc., Portland, OR
Finding that her students readily defend various positions on the abortion controversy, but rarely know what the actual status of abortion policy is, Rose (political science, Portland State U., Oregon) sets out the current policy--arguing that abortion is neither illegal nor available on demand--then places the partisan maneuverings of abortion debate within that context. Each chapter contains discussion questions and suggested readings.
Explains how abortion politics influenced a fundamental shift in conservative Christian politics, teaching conservatives to embrace rights arguments.
When Henry Morgentaler, Canada’s best-known abortion rights advocate, died in 2013, activists and scholars began to reassess the state of abortion in this country. In Abortion, some of the foremost researchers in Canada challenge current thinking by revealing the discrepancy between what people are experiencing on the ground and what people believe the law to be after the 1988 Morgentaler decision. Grouped into four themes – History, Experience, Politics, and Reproductive Justice – these essays showcase new theoretical frameworks and approaches from law, history, medicine, women’s studies, and political science as they document the diversity of abortion experiences across the country, from those of Indigenous women in the pre-Morgentaler era to a lack of access in the age of so-called decriminalization. Together, the contributors make a case for shifting the debate from abortion rights to reproductive justice and caution against focusing on “choice” or medicalization without understanding the broader context of why and when people seek out abortions.
For the past forty years, prominent pro-life activists, judges and politicians have invoked the history and legacy of American slavery to elucidate aspects of contemporary abortion politics. As is often the case, many of these popular analogies have been imprecise, underdeveloped and historically simplistic. In Slavery, Abortion, and the Politics of Constitutional Meaning, Justin Buckley Dyer provides the first book-length scholarly treatment of the parallels between slavery and abortion in American constitutional development. In this fascinating and wide-ranging study, Dyer demonstrates that slavery and abortion really are historically, philosophically and legally intertwined in America. The nexus, however, is subtler and more nuanced than is often suggested, and the parallels involve deep principles of constitutionalism.
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