Thursday, November 5, 2015
RH Reality Check (Nov. 4, 2015): Coerced C-Sections: The Latest Reach of Fetus First Laws, by Jessica Mason Pieklo:
Michelle Mitchell is suing her doctor for assault and battery alleging that she was coerced into having a c-section. The case is scheduled to go to trial in Augusta Circuit Court Nov. 4. Jessica Mason Pieklo writes:
According to court documents, Mitchell claims that once she was admitted to the hospital, [her doctor] demanded she have a c-section based on an ultrasound image performed a week earlier . . . and concerns over the baby’s size. Mitchell says that her previous doctor had recommended an induction of labor or c-section, but gave her no indication that vaginal birth was medically not an option or that a c-section was required.
Mitchell says that she signed a document refusing consent for the c-section, and that over the next four hours, [the doctor] and other employees of the hospital threatened her in various ways, including calling Child Protective Services to take her expected child away should she fail to consent. According to the complaint, after hours of this treatment, Mitchell relented.
The doctor has argued that Mitchell changed her mind after signing the signed refusal and consented to the surgery. Pieklo notes that the number of c-section births have grown in this country making the question of patient autonomy increasingly important.
Friday, May 8, 2015
TIME: How a New Study on Premature Babies Could Influence the Abortion Debate, by Eliza Gray:
A new study showing that a tiny percentage of extremely premature babies born at 22 weeks can survive with extensive medical intervention could change the national conversation about abortion, though the research is unlikely to have a major effect on women’s access to abortions in the short term.
Pro-life advocates said the study—which was published by theNew England Journal of Medicine on Wednesday and found that 3.5% percent of 357 infants born at 22 weeks could survive without severe health problems if hospitals treated them—could benefit the pro-life movement by sparking discussion about the viability of premature babies. . . .
This article correctly points out that the study in no way contradicts or forces reconsideration of Supreme Court precedent governing pre- and post-viability abortions. Unlike what some articles suggest, the Supreme Court has never set viability at a specific point in pregnancy (even in Roe), but rather has left the determination of viability to the provider to determine based on the individual facts surrounding each pregnancy. Viability depends on many factors, including the type of medical facilities available.
Friday, April 3, 2015
Vox: An Indiana woman is facing 20 years in prison for "feticide", by Christophe Haubursin:
Indiana did something unprecedented this week: it sentenced a woman to a 20-year prison sentence for violating a decades-old feticide law.
Purvi Patel's conviction, announced on Monday, is the first American case in which a court has found a pregnant woman guilty of violating a fetal homicide law. . . .
Some Colorado Legislators Aim to Exploit Brutal Attack on Pregnant Woman to Promote Fetal Personhood
The Daily Beast: Colorado Seeks Fetal Murder Law After Attack On Pregnant Woman, by Brandy Zadrozny:
Energized by national outrage over a grisly attack on a pregnant woman whose unborn baby died after being cut from her womb, a Colorado lawmaker is poised to push a new fetal homicide law in the state, leading to concern that Republicans might be turning a tragedy into a talking point for anti-abortion legislation. . . .
Anyone who believes these laws don't pose a threat to pregnant women need look no further than Indiana.
Saturday, February 7, 2015
The Huffington Post: Another GOP Lawmaker Wades Into Rape Debate, by Laura Bassett:
A Republican state lawmaker said Thursday that women who become pregnant from sexual assault should not be exempt from an anti-abortion measure, because childbirth resulting from rape is "beautiful."
"Obviously rape is awful," West Virginia Del. Brian Kurcaba (R) said during a committee hearing on a new abortion restriction, according to David Gutman, a Charleston Gazette reporter. "What is beautiful is the child that could come from this." . . .
Thursday, January 29, 2015
The Washington Post (The Fix blog): States that are more opposed to abortion rights have fewer abortions — but not fewer unintended pregnancies, by Aaron Blake:
Abortion in America is an extremely divisive issue, splitting Republicans and Democrats with often very strong feelings.
It also divides the states. In 2010, according to a new study from the Guttmacher Institute, an abortion rights group, an estimated 11 percent of all unintended pregnancies in South Dakota were aborted. In New York, it was 54 percent.
In general, Guttmacher's numbers show that states with more people who oppose abortion rights tend to have lower abortion rates. But views on abortion tend to have much less impact on something else related to all this: unintended pregnancies. . . .
The piece includes charts and interactive maps.
Sunday, December 7, 2014
ACLU press release: ACLU Files Suit on Behalf of Mother Fired for Breastfeeding at Work:
DENVER – The American Civil Liberties Union and the ACLU of Colorado filed a lawsuit yesterday on behalf of Ashley Provino, a Grand Junction, Colo. woman who was fired from her job, in violation of state and federal anti-discrimination laws, for asserting her right to pump breast milk at work.
Provino, a new mother, requested permission from her employer, Big League Haircuts, to take a short break every four hours in the back room of the hair salon to express breast milk, as is her right under state and federal law. The company denied Provino’s request and cut her hours dramatically. When Provino requested to be returned to a full-time schedule with breaks so she could pump breast milk and continue breastfeeding her child, she was fired.
Colorado’s Workplace Accommodations for Nursing Mothers Act, passed by the state legislature in 2008, unequivocally recognizes the societal and health benefits of breastfeeding and requires employers to make reasonable accommodations to allow new mothers to express milk at work. The ACLU complaint invokes the 2008 statute, as well as federal laws that prohibit sex discrimination, pregnancy discrimination and retaliation for protesting such discrimination.
“The recently enacted laws guaranteeing the right to pump at work are designed to make sure that women like Ashley Provino can do what they believe and what medical professionals agree is best for their babies, while still keeping their jobs,” said Galen Sherwin, senior staff attorney with the ACLU Women’s Rights Project. “No woman should face retaliation for asserting her rights under these laws.”
Women who breastfeed must pump milk regularly throughout the day to ensure that they will keep lactating. A broad consensus exists among medical and public health experts that breastfeeding is optimal for infants for a year (or longer) following birth, and that breastfeeding has broad developmental, psychological, social, economic and environmental benefits.
“Discrimination against breastfeeding mothers in the workplace is not only illegal, it is also bad for Colorado families and businesses, because it forces women out of the workplace,” said ACLU of Colorado cooperating attorney Paula Greisen of King Greisen LLP.
In September 2012, the ACLU of Colorado and the ACLU Women’s Rights Project successfully negotiated a settlement with a Jefferson County charter school on behalf of Heather Burgbacher, a teacher who lost her job after she requested accommodations to express breast milk at work. The ACLU of Colorado also worked with DISH Network earlier this year to vastly improve accommodations for nursing mothers at the company’s corporate headquarters in Englewood following complaints from employees that the conditions provided by the company lacked adequate space and privacy.
The complaint is available at:
More information on this case is available at:
Monday, December 1, 2014
The Washington Post: Former UPS driver at center of pregnancy discrimination case before Supreme Court, by Brigid Schulte:
Peggy Young didn’t want to become a national icon for pregnant workers. She never imagined she would be at the center of a Supreme Court case that has united every major women’s rights organization on the left with major anti-abortion rights groups on the right. . . .
The Supreme Court will hear arguments in Young v. United Parcel Service this Wednesday, Dec. 3.
Sunday, November 23, 2014
HealthLawProf Blog: Guest Blogger Professor Maya Manian: The Criminalization of Pregnant Women:
In a recent New York Times editorial, Lynn Paltrow and Jeanne Flavin bring to light the chilling reality of the criminalization of pregnant women in the United States. Stories of prosecutions of pregnant women in other countries, such as El Salvador, have received significant attention. Yet, similar stories within our own borders remain under the radar even while we constantly debate the issue of abortion.
As Paltrow and Flavin point out, the push to restrict women’s access to abortion and expand rights for fetuses impacts more than just those women specifically seeking abortion care. Anti-abortion measures threaten the rights of all pregnant women, even those who want to be pregnant. As Paltrow and Flavin’s peer-reviewed study on criminal prosecutions of pregnant women demonstrates, prosecutors and judges have relied on anti-abortion reasoning to arrest, detain, and force medical treatment on pregnant women who suffered from miscarriages, depression, or simply wanted to make their own medical decisions about how to proceed with childbirth.
Although many of the women in the cases described by Paltrow and Flavin were not seeking abortion care, the criminalization of pregnant women who seek to self-abort appears to be an increasing threat. . . .
Wednesday, July 9, 2014
Bloomberg BNA: Justices Will Review Accommodation Issue Arising Under Pregnancy Discrimination Act, by Kevin P. McGowan:
Granting a United Parcel Service Inc. driver's petition, the U.S. Supreme Court July 1 agreed to review whether the Pregnancy Discrimination Act requires an employer to accommodate the work restrictions of pregnant employees when it does so for some non-pregnant employees with temporary impairments.
On the final day of its term, the court granted Peggy Young's request to review a U.S. Court of Appeals for the Fourth Circuit decision that the PDA didn't require UPS to accommodate Young's pregnancy-related lifting restriction even though the company offered light duty to workers injured on the job, those disabled within the meaning of the Americans with Disabilities Act and drivers who temporarily lost their federal certification (707 F.3d 737, 116 FEP Cases 1569 (4th Cir. 2013). . . .
Monday, June 23, 2014
Jezebel: Awful Law Would Force Brain Dead Pregnant Women to Incubate Fetuses, by Erin Gloria Ryan:
A new law waiting to be signed into law by Louisiana governor Bobby Jindal would require that pregnant and brain dead women be kept on life support, regardless of the stated wishes of her family. If the pro-life crowd is trying to disprove accusations that they only care about women to the extent that they are incubators for fetuses, they're not doing a great job. . . .
According to MSNBC's Clare Kim, the HR 1274, which easily sailed through Louisiana's conservative state legislature last week, would require that pregnant women who become mentally incapacitated remain attached to life support, even if her husband or family members would like her to be unplugged and allowed to die. The only exceptions to this rule are if a woman explicitly wrote in her legal will that she doesn't wish to be artificially kept alive if pregnant and incapacitated, or if she's less than 20 weeks pregnant. Conservative governor and IRL Kenneth the Page Bobby Jindal is likely to sign the bill into law; yesterday, he decided that a Baptist church was an appropriate setting in which to sign a law that will close many of the state's abortion clinics. . . .
Sunday, May 11, 2014
The Guttmacher Institute news release: U.S. TEEN PREGNANCY, BIRTH AND ABORTION RATES REACH HISTORIC LOWS:
Teen Pregnancy Rates Declined in Every State and Among All Racial and Ethnic Groups
Rates of teen pregnancy, birth and abortion have declined dramatically in the United States since their peak in the early 1990s. In 2010, some 614,000 pregnancies occurred among teenage women aged 15–19, for a rate of 57.4 pregnancies per 1,000 women that age. This marks a 51% decline from the 1990 peak, and a 15% decline in just two years, from 67.8 in 2008, according to “U.S. Teenage Pregnancies, Births and Abortions, 2010: National and State Trends by Age, Race and Ethnicity,” a new study by the Guttmacher Institute. Similarly, the teen birthrate declined 44% from the peak in 1991 (from 61.8 births per 1,000 to 34.4 per 1,000); and the teen abortion rate declined 66% between its 1988 peak and 2010 (from 43.5 abortions per 1,000 to 14.7 per 1,000). . . .
Friday, April 4, 2014
ProPublica: Judge Throws Out Murder Charge in Mississippi Fetal Harm Case, by Nina Martin:
The ruling means that the woman whose drug use had her facing a possible life term can at most be charged with manslaughter in the death of her stillborn daughter.
A Mississippi judge has thrown out murder charges against a young woman in the 2006 death of her stillborn child, a significant setback for prosecutors in a controversial case that has been closely followed both by women's rights groups and those interested in establishing rights for the unborn.
Rennie Gibbs, who was 16 when she gave birth to her stillborn daughter Samiya, had been indicted for "depraved heart murder" after traces of a cocaine byproduct were found in the baby's blood. The charge — defined under Mississippi law as an act "eminently dangerous to others...regardless of human life" — carries a maximum sentence of life in prison. . . .
Monday, March 24, 2014
Feministing: No Reproductive Justice for Pregnant Indigenous Women in Mexico, by Juliana:
In October of last year, Irma Lopez Aurelio arrived at a state health clinic in Oaxaca, Mexico, in labor with her third child. The doctors at the clinic told her to come back, that her labor was not advanced enough and no doctor was available to help her. Irma, who is Indigenous, spoke little Spanish and was unable to communicate how advanced her labor was to the monolingual doctors. After hours of waiting, Irma gave birth on the lawn outside of the clinic.
In the past nine months, seven Indigenous women in Mexico have been documented having their babies in the yard, waiting rooms, or front steps of state clinics. . . .
Sunday, March 16, 2014
Jezebel: New Birthing/Abortion Clinic in New York Could Change Everything, by Hillary Crosley:
Last month, the first ever birthing center that also houses an abortion clinic opened in Buffalo, New York and it’s called Buffalo WomenServices. The space is one of the first where both the pro-choice and birthing communities coexist beneath the same roof, explicitly. Mind Blown. . . .
Saturday, March 1, 2014
The Los Angeles Times: Study calls DNA test reliable in discovering fetal disorders, by Monte Morin:
The screening more accurately identifies likely cases of genetic disorders caused by extra chromosomes, like Down syndrome, in a study of low-risk pregnant women.
It's billed as a faster, safer and more accurate way of screening expectant mothers for fetal abnormalities like Down syndrome, and proponents say it has already become the standard for prenatal care.
But as a handful of California companies market their DNA-testing services to a growing number of pregnant women, some experts complain that the tests have not been proven effective in the kind of rigorous clinical trials that are required of new drugs.
Now, a study published Wednesday by the prestigious New England Journal of Medicine has verified that one of the tests can identify likely cases of Down syndrome and other genetic disorders caused by extra chromosomes in low-risk women with greater reliability than traditional noninvasive screening methods. . . .
Wednesday, February 5, 2014
Reuters: Brain-dead Canadian woman kept on life support to save fetus, by Julie Gordon:
A 32-year-old Canadian woman who has been declared brain dead is being kept on life support in a Victoria, British Columbia hospital, with doctors working to keep her alive long enough to deliver her unborn son. . . .
The Diocese of Helena is defending its decision to fire an unwed Butte Central teacher because she is pregnant.
Shaela Evenson “made a willful decision to violate the terms of her contract,” which requires her to follow Catholic teachings in both her personal and professional life, Superintendent Patrick Haggarty said Tuesday. “It’s a sensitive issue, and it’s unfortunate all around.” . . .
The New York Times: Abortions Declining in U.S., Study Finds, by Erik Eckholm:
The abortion rate among American women declined to its lowest level in more than three decades in 2011, according to a new report released Monday that is widely considered the country’s most definitive examination of abortion trends. . . .
The decline in abortions from 2008 to 2011 was mirrored by a decline in pregnancy rates. . . .
Sunday, January 26, 2014
The New York Times: Texas Woman Is Taken Off Life Support After Order, by Manny Fernandez:
A Fort Worth hospital that kept a pregnant, brain-dead woman on life support for two months, followed a judge’s order on Sunday and removed her from the machines, ending her family’s legal fight to have her pronounced dead and to challenge a Texas law that prohibits medical officials from cutting off life support to a pregnant woman.
On Friday, a state district judge ordered John Peter Smith Hospital to remove the woman, Marlise Muñoz, from life-support machines by 5 p.m. on Monday. . . .