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Abortion Restrictions

What is an undue burden?

What did Roe v. Wade establish?


1973
7-2 decision
legalized abortion nationwide
Americans have a right to privacy that
includes a womans right to decide to
have children without the governments
interference
limit at viability

Why do we need legal abortion?

Because people are going to have abortions


anyway.
In 1930, abortion was one-fifth (18%) of maternal
deaths recorded in that year.
Estimated illegal abortions, 1950 to 1960: 200,000 to
1.2 million per yr.
Estimated self-induced abortions in 1967: 829,000
Pre Roe v. Wade, 5,000 American women died

ONE in THREE women will have an


abortion in their lifetime in the US
today.

Abortion Restrictions / TRAP Laws


Targeted Regulation of Abortion Providers
Physician/Hospital Requirements
Admitting Privileges
Funding: Public & Private
State Mandated Counseling
Waiting Periods
Parental Involvement

Why are these restrictions passed?


To help women and regulate an unsafe
procedure?
OR
Political motivation?

Are abortions safe?


Properly performed abortions:
Fewer than 1% of all U.S. abortion patients
experience a major complication and the risk of death
associated with abortion is 10 times as low as that
associated with childbirth.

The pro-life movement is hamstrung by Roe v. Wade.


Our strategy is to pass every kind of legislation
that will be upheld by the current Supreme Court
until we have a Supreme Court that will reverse
Roe v. Wade.
- antichoice group in South Carolina

Were going to introduce a law in Ohio that any


facility that performs five abortions or more in a
year have to meet the same standards as a hospital
to the point where theyre not going to be able
to stay open...Weve been chipping away and
closing and closing and closing, and if we get this
legislation we can close a whole heck of a lot more.
- Ohio Right to Life

Problems?

Leads to regional difference in


access to a constitutional right

More problems?
Difference in access due to class
Waiting period
Increased travel
Cost

Even more problems?


Physical plant & funding restrictions cause
many clinics to close...
However.CPCs stay open

What are CPCs?


Crisis Pregnancy Centers
Marketed as offering free pregnancy services to
women, often listed as abortion or abortion
services
23 states currently provide state funding for these
centers

Why are CPCs bad? Do they cause an


undue burden?
The patients right to self-decision can be effectively exercised only if
the patient possesses enough information to enable an intelligent
choice
American Medical Association
When we look at the overall strategy of ending abortion, not just in
Ohio but nationwide, we have to have a strong federal strategy, a very
strong state strategy, and then a local strategy to support our
pregnancy centers.
Ohio Right to Life promotional video

False Claims and Manipulation


Causes breast cancer
Psychologically damaging
Sterility
Birth control pills (BCP) cause
abortion

Planned Parenthood v. Casey


1992
reviewed constitutionality of 4 abortion
restrictions
only ruled one of them (spousal approval)
unconstitutional
found that abortion restrictions were legal
as long as they did not place an undue

Texass HB2 Law


2013 law
doctors who provide abortion services must obtain
admitting privileges at local hospitals no farther than
30 miles away from the clinic; and
every healthcare facility offering abortion care must meet
building specifications to essentially become minihospitals (also known as ambulatory surgical centers, or

Whole Womens Health v. Cole

Impact on Abortion in Texas


Abortions declined by 13%
Wait times in some cities up to 20 days
in the past 2 years, 7% of texan women
reported attempted self-abortion or
knew someone who had (national
average was ~1%)

Whole Womens Health v. Casey


Issue: (1) Whether, when applying the undue burden standard of
Planned Parenthood v. Casey, a court errs by refusing to consider
whether and to what extent laws that restrict abortion for the stated
purpose of promoting health actually serve the governments
interest in promoting health; and (2) whether the Fifth Circuit erred
in concluding that this standard permits Texas to enforce, in nearly all
circumstances, laws that would cause a significant reduction in the
availability of abortion services while failing to advance the States
interest in promoting health - or any other valid interest.