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Pregnancy Definitions. Conception : The action of conceiving a child or of a child being conceived Abortion : The deliberate termination of a human pregnancy
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Pregnancy Definitions • Conception: The action of conceiving a child or of a child being conceived • Abortion: The deliberate termination of a human pregnancy • 1st Amendment: ratified in 1791 as part of the Bill of Rights, prohibiting congress from interfering with freedom of religion, speech, assembly or petition
Pregnancy Definitions • 14th Amendment: Ratified in 1868, defining national citizenship and forbidding the states to restrict the basic rights of citizens or other persons • Ethical Dilemmas: two or more ethical principles in conflict with one another • Viability: capable of living, physically fitted to live
Types of Abortions • Suction Aspiration: during 1st 12 weeks, Local anesthesia, cervix dilated, suction tube inserted into the womb, connected to a vacuum, 29 X more powerful than a household vacuum.
Types of Abortions • Dilation & Curettage: during 1st 12 weeks, Similar to suction, hook shaped knife used to remove the products of conception
Types of Abortions • Dilation & Evacuation (D&E): Used up to 18 weeks, Instead of a curett a loop-shaped knife with forceps are used
Types of Abortions • Saline Injection: after 16 weeks, salt solution is injected into the amniotic sac , salt effects the organ function of the fetus, death of the baby usually leads to death
Types of Abortions • Prostaglandin Chemical Abortion: Labor is induced causing the fetus to be born early • Hysterotomy or Cesarean Section: similar to c-section the baby and sometimes the uterus are removed through surgery.
Types of Abortions • Partial Birth Abortions: The baby is partially manually delivered and then the brains are removed before the baby is entirely delivered.
Roe vs. Wade 1973 • Woman’s right to privacy (1st amendment) • 1st tri: decision between woman and physician • 2nd Tri: State may regulate the abortion procedure • 3rd Tri: State has a compelling interest in the “product” so can override the woman’s right
Doe V. Bolton 1973 • Georgia’s abortion statute • Specify what regulations the state can enact during each trimester • Struck down preabortion procedural requirements • Residency • In accredited Hospital only • Approval by med committee • Consultations of two copractitioners
Danforth v. Planned Parenthood 1976 and Belloti v Baird • <18 unconstitutional to require parental consent • Does not define when consent may be required • Belloti v. Baird • Overturned Massachusetts statute requiring parental consent <18 • Protected by the 14th amendment
Maher v. Roe 1977 & Harris v. McRae 1980 • Maher v. Roe • Supreme Court supported Connecticut in the decision to deny Medicaid payment for abortions • Harris v. McRae • State may choose to us Medicaid funds to pay for medically necessary abortions • http://www.wimp.com/withcliff/
Colautti v. Franklin 1979 • State can choose to protect a fetus that a physician has determined to be viable • Individual State Statutes • Must allow physicians to make the best medical judgment
H.L. v. Matheson 1981 • Supreme Court supported State • Utah Statute • “notify if possible” the parents of a minor once an abortion was performed • This is just notice not consent
City of Akron v. Akron Center for Reproductive Health 1983 • States cannot • (1) Mandate what info physician must give parents • Beyond procedure consent • (2) Require after 3mo that abortion be done in hospital • Cost and availability • (3) 24 hour waiting period • (4) Under age 15 consult guardian & obtain consent • http://www.wimp.com/tennistoddler/
Rust v. Sullivan 1991 • Family planning clinics and Title X • Argument • How can a woman make an informed choice between two options when she cannot obtain information as to one of them? • Supreme Court found that there was no violation
Planned Parenthood v. Casey 1992 • Ruled that it is “not an undue burden” • Woman be informed • Offered info and alternatives • Informed consent • Require parental consent for minorwith judicial bypass options • 24 hour waiting period
Women’s Medical Professional Corp. v. Voinovich 1998 • Ohio Statute • Terminations in later term only if medical risk • Statute banned D&X of previable and postviable abortions • Determined to be unconstitutionally vague • Professional judgment, two providers • http://www.wimp.com/spellingbee/
Stenberg v. Carhart 2000 • Nebraska ban on partial birth abortions • Ban considered unconstitutional and a violation of Roe v. Wade • Supreme Court struck this ban down • Stating it to be an extremely descript attempt at outlawing abortions
Partial Birth Abortion Ban Made Law 2003 • November 6th • President Bush signed the first federal restrictions banning late-term partial-birth abortions • No exceptions • U.S. district Court in Nebraska issued a restraining order on the ban
Abortion Rights 2004 • Hundreds of thousands from more than 60 countries • Marched in Washington DC • “Pro Choice-Pro Child” “It’s Your Choice…Not Theirs” “My Family My Choice” “My Body My Choice” “Justice for All” “Keep Abortion Legal”
State Abortion Statutes • 1973 Roe and Doe tried to eliminate State statutes regarding Abortion • It is clear • States have been given more power to regulate the performance of abortions • http://www.wimp.com/birdonstage/
Spousal Consent • Florida Therapeutic Abortion Act, Pennsylvania Abortion Control Act, and in Planned Parenthood v. Casey • required a married woman to obtain the husband’s consent before an abortion • Found to be unconstitutional • Husband’s interest in baby insufficient • Undue burden on the woman
In competent Persons’ Consent • The court can appoint a surrogate decision maker • Family court in In re Doe
South Dakota tried to Ban Abortion • 2 houses of State legislation voted overwhelmingly for the bill • This legislation was vetoed • Pro choice advocates argued for a woman’s rights • Called for the State to be evenhanded in its health care policies
Utah Woman Refuses C-Section • Woman was charged with criminal homicide • Refused c-section when physician recommended it • One of her twins died prior to delivery
Morality of Abortion • Not a legal or constitutional issue; it is a matter of philosophy, ethics, and theology • Our obligation is to define the liberty of all, not to mandate our own moral code.
Current News on Abortion • http://www.cbsnews.com/8301-504763_162-57369527-10391704/susan-g-komen-cuts-ties-with-planned-parenthood/ • Susan G Komen foundation stopped grant funding to Planned Parenthood • Claimed policy barred support for organizations under government investigation • Investigation into Planned Parenthood’s compliance with federal restrictions on funding abortions
Current News on Abortion • Planned Parenthood feels that Komen is bowing to pressure from anti-abortion activists • Karen Handel VP advocated for the defunding in her fun for Georgia governor • http://www.washingtonpost.com/local/former-komen-exec-defends-funding-cut-205/2012/02/07/gIQAXnkTxQ_video.html
Current News on Abortion • Komen has invested nearly $2 billion in diagnosis, treatment, research & education since 1982 • Komen reversed it’s decision • Planned Parenthood received donations of $3 million over the past 10 days
Current News on Abortion • http://www.youtube.com/watch?v=YmRz3b0myok • http://www.cbsnews.com/video/watch/?id=7397991n • http://www.cbsnews.com/video/watch/?id=7397845n
Current News on Abortion • Republicans vow to reverse Obama’s policy on birth control • Obama looking for a way to allay the concerns • Can the government tell a faith based organization what they must pay for?