Friday, July 23, 2010

Mark Egerman on Inmates' Right to Elective Abortions Under the Eighth Amendment

Mark Egerman (fellow, Georgetown University Law Center, and staff counsel, National Abortion Federation) has posted Roe v. Crawford: Do Inmates Have an Eighth Amendment Right to Elective Abortions?, 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.

https://lawprofessors.typepad.com/reproductive_rights/2010/07/student-scholarship-on-inmate-abortion-rights-employing-the-eighth-amendment.html

Abortion, Incarcerated Women, Law School, Scholarship and Research | Permalink

TrackBack URL for this entry:

https://www.typepad.com/services/trackback/6a00d8341bfae553ef0133f2799d1f970b

Listed below are links to weblogs that reference Mark Egerman on Inmates' Right to Elective Abortions Under the Eighth Amendment:

Comments

Post a comment