Friday, May 10, 2013
Courts have faced a wave of compelled disclosure cases recently. By government mandate, tobacco manufacturers must include graphic warnings on their cigarette packages, doctors must show and describe ultrasound images of fetuses to women seeking to abort them, and crisis pregnancy centers must disclose that they do not provide contraception or abortion services. Although applying the same compelled speech doctrine to similar issues, appeals courts have reached very different results in challenges to these laws. Drawing from First Amendment theory, this Article first identifies why compelled disclosures undermine free speech values. It then applies those insights to the specific examples above. In doing so, it examines not only compelled text but the new phenomenon of compelled images, particularly compelled images designed to provoke an emotional response. The Article concludes that recent appeals court decisions have it backwards: It is mandatory abortion counseling laws that offend free speech principles, not laws requiring cigarette warnings or crisis pregnancy center disclosures.
Thursday, May 9, 2013
Federal Judge Admonishes Obama Administration for Its Insistence on Limiting Access to Emergency Contraceptive Pill
The New York Times - The Caucus blog: Judge Criticizes Obama Administration as It Appeals Contraception Decision, by Michael D. Shear:
A federal judge on Tuesday angrily accused the Obama administration of hurting poor and minority women by seeking to restrict their access to morning-after contraceptive pills. . . .
Judge Korman, of United States District Court for the Eastern District of New York, said he would decide this week whether to freeze implementation of his order while the appeal proceeds. But for the second time in a month, he used his perch on the bench to lecture the Food and Drug Administration and President Obama for their efforts to restrict access to the drug by very young women. . . .
TIME: The Challenge of Proving Fetal Homicide in the Cleveland Kidnapping Case, by Kate Pickert:
If the man accused of imprisoning three women for a decade inside his Cleveland home is convicted of the charges filed against him, it seems unlikely he will ever be released from prison. This week, prosecutors charged Ariel Castro with four counts of kidnapping and three counts of rape. . . .
Some may be wondering why Castro wasn’t also charged with homicide. One of his victims, Michelle Knight, reportedly told investigators she became pregnant five times while in captivity and that Castro beat and starved her each time until she miscarried. . . .
Colorlines: The Missionary Movement to 'Save' Black Babies, by Akiba Solomon:
Last December, Care Net—the nation’s largest network of evangelical Christian crisis pregnancy centers—featured a birth announcement of sorts on the website of its 10-year-old Urban Initiative. Under the headline, “Plans Underway for Care Net’s Newest Center in Kansas City, Mo.!” a block of upbeat text described how a predominantly white, suburban nonprofit called Rachel House had “made contact” with “various African American pastors and community leaders,” who helped them “plant” a “pregnancy resource center” in a predominantly black, poor section of downtown Kansas City. . . .
Monday, May 6, 2013
Lavender Law 2013, San Francisco, CA - August 22-24 - Invitation and Call for Papers:
Junior Scholars Forum
Dear Friends and Colleagues,
This year the Lavender Law® Conference & Career Fair will be held August 22-24, 2013 at the Marriott Marquis in San Francisco, CA. Lavender Law brings together the best and brightest legal minds in the lesbian, gay, bisexual, and transgender (LGBT) community.
To celebrate our community of scholars, Lavender Law® is hosting a Junior Scholars Forum again this year. If you are a junior law professor (teaching 6 years or fewer), or a recent law school graduate or fellow who is writing scholarship focusing on the nexus between the law, gender, and sexuality, we encourage you to submit a proposal for consideration. Proposals can be in the form of a full draft or in the form of an expanded abstract (approximately 1-2 pages in length).
If your proposal is accepted, you will be invited to present your work at the 2013 Lavender Law conference.
The deadline for submissions is June 15, 2013.
Reuters (Health): Most women back over-the-counter birth control pill, by Genevra Pittman:
Close to two-thirds of women favor making contraceptive pills available over the counter, according to a new nationally-representative survey.
In addition, about 30 percent of women using either no birth control or a less effective method - such as condoms - said they would likely take the Pill if it was sold without a prescription, researchers found. . . .
Feministing: We already lost Savita in Ireland. Don't let Beatriz die in El Salvador., by Juliana Britto Schwartz:
You all remember Savita Halappanavar, right? Well, the world is looking at another Savita right now, and the only thing standing between her and life is a group of Salvadoran politicians.
Savita Halappanavar was a pregnant woman living in Ireland who was denied a life-saving abortion because her doctors could still detect a fetal heartbeat and were therefore required by law not to terminate the pregnancy. She died of blood poisoning while her husband watched.
“Beatriz” is 22 years old, 18 weeks pregnant with an anencephalic fetus (meaning that the fetus will not survive outside of the womb), and suffering life-threatening pregnancy complications. However, Beatriz lives in El Salvador, one of the rare countries in which abortion is illegal under all circumstances, including threat to the mother’s life. . . .
Thursday, May 2, 2013
The New York Times: U.S. to Defend Age Limits on Morning-After Pill Sales, by Pam Belluck & Michael D. Shear:
The Justice Department said on Wednesday that it would appeal a federal judge’s order to make the most common morning-after contraceptive available without a prescription for girls and women of all ages.
The announcement came a day after the Food and Drug Administration said that one well-known morning-after pill, Plan B One-Step, would be made available without a prescription for girls as young as 15 — instead of only to girls ages 17 and over, as has been the case. . . .
The Los Angeles Times: Government will appeal Plan B emergency birth control ruling, by Monte Morin:
The U.S. attorney's office announced late Wednesday that it would appeal a federal judge's decision to make Plan B One-Step and related emergency birth control pills available to consumers of all ages without a prescription. . . .
Wednesday, May 1, 2013
Slate - Weigel blog: New Pro-Life Sting Videos of Abortion Clinics, by David Weigel:
Live Action and Lila Rose pioneered the modern conservative sting video. Like Ryan Grim reported in 2011, the emotional punch of Live Action stings, in which women appeared to be advised on how to terminate pregnancies on the grounds of race or gender, helped motivate Republicans to pass Planned Parenthood defunding bills. And like Grim reported, a key video didn't hold up to scrutiny when you reviewed the full tape. . . .
The New York Times: Irish Proposal Would Allow Abortions in Emergencies, by Douglas Dalby:
The Irish government proposed legislation late Tuesday night that, if approved as expected, would allow abortions in cases where a threat existed to a woman’s life, including from suicide. . . .
CNN: Ireland's government puts forward draft abortion bill, by Laura Smith-Spark & Peter Taggart:
Proposed new legislation won't change Ireland's general ban on abortion, Prime Minister Enda Kenny said Wednesday, but is about "saving lives" when pregnant women are in danger.
Ireland's government published the controversial draft measure late Tuesday to clarify what happens when there's a threat to the mother's life, including a risk of suicide. . . .
The Grio: Black female lawmakers walk out of Florida House over racial arguments made for abortion bill, by Alexis Garrett Stodghill:
A group of black female lawmakers walked out of a fiery debate in the Florida House on Thursday over the state’s latest bill focusing on abortion. House Bill 845, which passed the Florida House of Representatives by a margin of 71-44 that day, stipulates that a doctor performing an abortion must sign an affidavit confirming it was not performed based on the race or gender of the fetus. . . .
The Hill - Healthwatch Blog: FDA approves 'morning-after pill' for women 15 and up, by Sam Baker:
The Food and Drug Administration said Tuesday that the contraceptive known as Plan B should be available without a prescription for all women 15 and older.
The move is sure to stir controversy among social conservatives, some of whom view Plan B as a form of abortion. Unlike other forms of birth control, Plan B is intended for use after sex, rather than before. . . .
The Hill - Healthwatch Blog: FDA pressed to go further on Plan B, by Sam Baker:
The Food and Drug Administration (FDA) is under pressure from political activists — and some doctors — to remove all age restrictions on the over-the-counter sale of Plan B.
The FDA made waves Tuesday by allowing the sale of Plan B without a prescription to women 15 and older. Its previous policy had restricted the drug to patients 17 and older.
Women's-health advocates said the move from 17 to 15 was a good first step, but doesn't go far enough. . . .
RH Reality Check: Administration Again Fails on Over-the-Counter Emergency Contraception, by Jodi Jacobson:
Today, in a proposal that can best be described as adding insult to injury, the Food and Drug Administration (FDA) approved making emergency contraception (EC) available over-the-counter for teens and women ages 15 and up. This convoluted proposal from the Obama administration comes despite a court order in early April by U.S. District Court Judge Edward R. Korman to make EC available over-the-counter to all ages within 30 days of his decision. It comes from an administration which pledged to make science the cornerstone of public policy and instead has consistently flouted a wealth of accumulated evidence on emergency contraception. It also comes after several studies showing that current policy requiring prescriptions for some groups and not others has confused so many pharmacists that access to EC has been denied to many who were in fact legally eligible to obtain it quickly. In practice, the new policy will almost certainly perpetuate, not resolve, that confusion. . . .
The Nation: Hey, FDA: Drop the Plan B Restriction, by Jessica Valenti:
Yesterday, the FDA announced that it will make Plan B—also known as emergency contraception (EC) or the morning after pill—available over the counter to women older than 15 years old who can prove their age. This decision comes less than a week before the end of a thirty-day deadline imposed by a federal judge mandating EC be available without a prescription to women of all ages. So despite the FDA’s announcement, the Obama administration still needs to appeal the judge’s decision or request a stay by Monday. . . .