Abortion Politics in the Federal Courts: Right Versus Right

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ABC-CLIO, 1995 - Law - 156 pages
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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.

 

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Contents

2 JUDICIAL OUTPUTS
4
3 DO COURTS RESPOND TO THE POLITICAL CLOUT OF GROUPS OR TO THEIR SUPERIOR LITIGATION RESOURCESREPEATPLAYER S...
25
4 ORGANIZATIONAL PLAYERS IN ABORTION LITIGATION IN THE FEDERAL COURTS
42
5 CONCLUSION
114

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Page 7 - Various guarantees create zones of privacy. The right of association contained in the penumbra of the First Amendment is one, as we have seen. The Third Amendment in its prohibition against the quartering of soldiers "in any house" in time of peace without the consent of the owner is another facet of that privacy.
Page 9 - ... less than mortality in normal childbirth. It follows that, from and after this point, a State may regulate the abortion procedure to the extent that the regulation reasonably relates to the preservation and protection of maternal health.
Page 9 - If the State is interested in protecting fetal life after viability, it may go so far as to proscribe abortion during that period except when it is necessary to preserve the life or health of the mother.
Page 7 - The Fourth Amendment explicitly affirms the "right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures.
Page 8 - We therefore conclude that the right of personal privacy includes the abortion decision, but that this right is not unqualified and must be considered against important state interests in regulation.
Page 9 - ... upon live birth, or upon the interim point at which the fetus becomes "viable," that is, potentially able to live outside the mother's womb, albeit with artificial aid. Viability is usually placed at about seven months (28 weeks) but may occur earlier, even at 24 weeks.
Page 154 - Nome owned by the Women's Division of the Board of Global Ministries of the United Methodist Church.

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About the author (1995)

BARBARA M. YARNOLD is Assistant Professor of Public Administration at Florida International University in Miami. She is the author of five books, including most recently, Politics and the Courts (Praeger, 1992) and The Role of Religious Organizations in Social Movements (Praeger, 1991).

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