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. 2020 Mar;50(2):13-15.
doi: 10.1002/hast.1096.

The Legal Challenge of Abortion Stigma-and Government Restrictions on the Practice of Medicine

Dov Fox

The Legal Challenge of Abortion Stigma-and Government Restrictions on the Practice of Medicine

Dov Fox. Hastings Cent Rep. 2020 Mar.

Abstract

During the 2016 election, Donald Trump won conservative support by promising that he would, if elected, nominate "pro-life" justices to the U.S. Supreme Court. Whether President Trump makes good on his campaign promise to restrict abortion rights may come down to competing impulses of the chief justice, John Roberts. These dueling dispositions-from the man whom many see as the new "swing justice"-hold the key to a blockbuster new case that legal historians call "the most unpredictable the Supreme Court has been on abortion in decades." The case, June Medical Services v. Russo, turns on arduous new requirements that Louisiana has imposed on facilities and clinicians that provide abortion. But the case is not just about abortion access. The Court will have to decide whether a clinic has a right to challenge the law in the first place.

Keywords: TRAP laws; U.S. Supreme Court; abortion rights; constitutional standing; targeted restrictions on abortion providers.

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References

    1. Quoted in J. Washington, “Supreme Court Oral Arguments Leave Abortion Precedents in Jeopardy,” Mother Jones, March 4, 2020, https://perma.cc/2VZZ-MCHR.
    1. June Med. Servs. v. Russo, 139 S. Ct. 663 (2019); Singleton v. Wulff, 428 U.S. 106 (1976).
    1. Act 620, § 1(A)(2)(a); “State Laws and Policies: Targeted Regulation of Abortion Providers,” Guttmacher Institute, January 1, 2019, https://www.guttmacher.org/state-policy/explore/targeted-regulation-abor....
    1. National Academies of Sciences, Engineering, and Medicine, The Safety and Quality of Abortion Care in the United States (Washington, DC: National Academies Press, 2018).
    1. Ideally, the emergency departments that operate at hospitals will work together with family planning centers and other facilities that provide abortion. But admitting-privileges mandates go too far-by closing down abortion clinics in the name of women's health-without actually serving that cause.

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