Friday, April 2, 2010
Mark Egerman (Fellow, Georgetown University Law Center) has posted Roe v. Crawford: Do Inmates Have an Eighth Amendment Right to Elective Abortions? (Harvard Journal of Law and Gender, Vol. 31, p. 423, 2009 ) on SSRN. Here is the abstract:
This note examines the legal questions surrounding incarcerated women who wish to receive an abortion. The note examines the 8th Circuit's ruling in Roe v. Crawford and explores the two legal arguments presented in that case. While the court ultimately found the Fourteenth Amendment argument valid and rejected the Eighth Amendment, the author argues that grounding inmate abortion rights in the Eighth Amendment is ultimately a more sustainable solution for reproductive justice advocates. The core of an Eighth Amendment case is presented with corresponding medical evidence that argues that not only should inmates have access to abortions, but that they should be funded the same as any other serious medical need under the Eighth Amendment.