Introduction: Did the Amicus Effort Make a Difference?

1989 ◽  
Vol 15 (2-3) ◽  
pp. 153-168 ◽  
Author(s):  
Kathryn Kolbert

With the opening of the new Supreme Court term and three new cases, each with the potential of eroding or overruling Roe v. Wade, discussions of Webster v. Reproductive Health Services, the most anticipated case of the 1989 term, are seemingly out of fashion. But Webster is significant and noteworthy as the first case of this decade which directly presented the high Court an opportunity to overrule Roe, the 1973 landmark case which afforded women the right to make intimate decisions about abortion free of governmental interference. The Court, flooded with amici curiae on both sides of the issue and an avalanche of political activism unparalleled in this decade, left Roe intact, albeit slightly modified. Because there are no longer five solid votes on the Court to uphold Roe, Webster has left its mark on American politics and has radically changed the tenor of the abortion debate for years to come.

2011 ◽  
Vol 60 (4) ◽  
Author(s):  
Fabio Persano

Negli Stati Uniti il dibattito sull’aborto è un tema sempre molto caldo. Questo saggio, diviso in due parti (la seconda parte sarà pubblicata sul prossimo numero della rivista) prova a ripercorrere l’evoluzione della giurisprudenza costituzionale statunitense in materia d’aborto, evidenziando i cambiamenti che ciascuna decisione ha apportato al quadro giuridico precedente. In questa prima parte viene chiarito anzitutto il meccanismo di funzionamento del sistema di giustizia costituzionale statunitense e il ruolo della Corte Suprema Americana nell’ordinamento giudiziario. Viene poi dato spazio ai prodromi di Roe v. Wade (che è la prima sentenza importante in materia d’aborto), ed in particolare alle sentenze che hanno pronunciato il diritto all’uso degli anticoncezionali: fra queste Griswold v. Connecticut ed Eisenstadt v. Baird. È anche importante la decisione United States v. Vuitch del 1971, che già si occupa dell’aborto ed interpreta la Costituzione nel senso di una tendenza alla liberalizzazione. La sentenza più importante è comunque la ben nota Roe v. Wade (1973), cui è dedicata un’ampia trattazione, con particolare attenzione ai passaggi della motivazione della Suprema Corte che hanno portato ad affermare il diritto all’aborto nella scansione trimestrale che poi è stata imitata anche dal legislatore italiano. Nel presente saggio vengono avanzate dure critiche a Roe v. Wade, critiche condivise – oltretutto – da alcuni giudici della Corte Suprema Americana, di cui si riportano stralci dell’opinione dissenziente. Accanto a Roe v. Wade, è molto importante anche la meno nota sentenza Doe v. Bolton dello stesso giorno, che precisò cosa dovesse intendersi per “salute della donna”: tale fattore era stato ritenuto da Roe v. Wade decisivo ai fini del riconoscimento della libertà di abortire. Con Doe v. Bolton la salute della donna viene estesa fino a ricomprendere praticamente qualsiasi cosa. Questa prima parte si conclude con l’analisi di alcune decisioni successive a Roe e Doe, ed in particolare Webster v. Reproductive Health Services, che costituisce in parte già un passo in controtendenza rispetto a Roe. Nel prossimo numero della rivista vedremo quali ulteriori cambiamenti ci sono stati nella giurisprudenza costituzionale statunitense in materia d’aborto. ---------- Abortion debate is always a hot subject in the United States. This essay, divided into two parts (the second part is going to be published on the next issue of this review) tries to go along the development of U.S. constitutional case-law about abortion, pointing out the change that each judgement caused to the previous law picture. In this first part, the functioning of U.S. constitutional judicial system and the role of U.S. Supreme Court in its judiciary are primarily explained. Then, some space is given to the premonitory signs of Roe v. Wade (that is the first important judgement about abortion), and to the judgement in particular that delivered the right to contraception: Griswold v. Connecticut and Eisenstadt v. Baird. Also United States v. Vuitch in 1971 is important: this judgement is already about abortion and interprets the Constitution in the trend of permission. However, the most important judgement is Roe v. Wade (1973): a wide treatment is dedicated to it, particularly to the passages about the Supreme Court reasoning that affirmed abortion right in the trimestral sharing, imitated by the italian legislator too. In this essay there are hard blames to Roe v. Wade: moreover, a few Supreme Court judges agree with blames and extracts of dissenting opinion are reported. Next to Roe v. Wade, also the less-known judgement Doe v. Bolton is very important: it is contemporary to Roe and it stated precisely what was “woman health”: this element was considered decisive by Roe in order to recognize the abortion right. In Doe v. Bolton woman health was enlarged and took in almost everything. This first part ends up with the analysis of a few following Roe and Doe judgements; in particular Webster v. Reproductive Health Services is a partial coming back as to Roe. In the next issue we will see the further subsequent changes in U.S. constitutional case-law about abortion.


2020 ◽  
Vol 4 (1) ◽  
pp. 41-62
Author(s):  
D. N. Parajuli

 Reproductive rights are fundamental rights and freedoms relating to reproduction and reproductive health that vary amongst countries around the world, but have a commonality about the protection, preservation and promotion of a woman‘s reproductive health rights. Reproductive rights include the right to autonomy and self-determination , the right of everyone to make free and informed decisions and have full control over their body, sexuality, health, relationships, and if, when and with whom to partner, marry and have children , without any form of discrimination, stigma, coercion or violence. The access and availability of reproductive health services are limited due to geography and other issues, non-availability and refusal of reproductive health services may lead to serious consequences. The State need to ensure accessibility, availability, safe and quality reproductive health services and address the lifecycle needs of women and girls and provide access of every young women and girls to comprehensive sexuality education based on their evolving capacity as their human rights, through its inclusion and proper implementation in school curriculum, community-based awareness program and youth led mass media. It is necessary for strengthening compliance, in a time-bound manner, with international human rights standards that Nepal has ratified that protect, promote, and fulfill the basic human rights and reproductive health rights in Nepal and also need to review standards and conventions that Nepal has had reservations about or those that have been poorly implemented in the country.


1989 ◽  
Vol 15 (2-3) ◽  
pp. 204-210
Author(s):  
Albert P. Blaustein ◽  
Edward R. Grant ◽  
Ann-Louise Lohr ◽  
Kevin J. Todd

Webster v. Reproductive Health Services represented the first occasion in which a state, defending a challenge to its abortion laws, called for the Supreme Court to reconsider Roe v. Wade. This opportunity presented a two-fold challenge to those engaged in seeking the reversal of Roe through the courts. First was to persuade the Court that Roe had been erroneously decided. Second was to overcome the defense of Roe premised upon stare decisis.Two briefs, representing separate groups of Members of Congress and Senators as amici, were filed on behalf of the appellants, each addressed to one of these challenges.


1989 ◽  
Vol 15 (2-3) ◽  
pp. 211-216
Author(s):  
James Bopp ◽  
Richard E. Coleson

The necessary first step in the judicial review of any state statute is to determine the appropriate standard of review. Without resolution of this threshold issue, the court would be uncertain what constitutional analysis to employ, whether a low level of scrutiny, strict scrutiny or some intermediate standard.Thus, in Webster v. Reproductive Health Services, the Court should not merely assume, without confronting, the continued viability of Roe v. Wade. Failure to reexamine Roe would depart from precedents of the Court and lead to untoward results.In determining the standard of review to be applied to the Missouri statute at issue in Webster, the Court should be guided by the analysis of Bowers v. Hardwick, and find that there is no constitutional right to abortion. Thus, the standard of review to be employed in Webster is the rational basis test. Under this test, the Missouri statute should be upheld.


Populasi ◽  
2006 ◽  
Vol 5 (2) ◽  
Author(s):  
Muhadjir Darwin ◽  
Mahendra Wijaya

As a society becomes more modernized, the role of women in a working place is increasing. A quite large number of women work in various sectors: agriculture, industry, and services. While their participation contributes to the welfare of their family and society at large, the health implication (particularly on reproductive health) needs considerable attention. The study shows the incidence of various reproductive health problems in a working place and low attention given by the employers to this problem. Statutes and government regulations have been made to protect female labours from reproductive health problems, but these laws and regulations have not been implemented consistently by the employers. This studyproposes to increase the government control on reproductive health services and protection given by employers to private industries, and to give the workers the right to organize themselves so that they can obtain the power to have reproductive health services as well as protection from their employers.


2014 ◽  
Vol 26 (3) ◽  
pp. 387-392 ◽  
Author(s):  
Kobra Abedian ◽  
Zohreh Shahhosseini

Abstract Aim: The right to health is a universal human right, and this includes sexual and reproductive health services. The aim of this study is to explore the opinions of Iranian university students toward facilitators and barriers to sexual and reproductive health services. Materials and methods: In 2012, a random sample of 548 university students completed anonymous, self-administered questionnaires. Topics covered the participants’ attitudes towards facilitators and barriers to sexual and reproductive health services in personal, interpersonal, and structural domains. Results: Mean age of participants was 21.57 years and 57.82% were female. The maximum score of facilitators and barriers to sexual and reproductive health services was related to “Young people’s participation in sexual and reproductive health services provision” and “Fear of stigmatization”, respectively. The results showed that among female university students, the mean score of personal and structural facilitators was significantly higher than the mean score of interpersonal ones (F=12.23, p<0.001). This difference was also reported in barrier factors (F=5.51, p=0.004). Conclusion: Results highlight the roles of policy makers and health service providers in improving accessibility to provided services for young people through the enforcement of facilitators and reduction of barriers, particularly in the areas of personal and structural facilitators focusing on female services.


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