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Public Policy Analysis. Karen Lynn Grupski MPH Project Spring 2006. Women’s Choice Legislation: Roe v. Wade. Investigating policy changes, ethical concerns and advocacy efforts set in motion to overturn Roe v. Wade. History. 1873 Comstock Law

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public policy analysis

Public Policy Analysis

Karen Lynn Grupski

MPH Project

Spring 2006

women s choice legislation roe v wade
Women’s Choice Legislation: Roe v. Wade

Investigating policy changes, ethical concerns and advocacy efforts set in motion to overturn Roe v. Wade

  • 1873 Comstock Law
    • Made it illegal to send obscene, lewd, or lascivious material through the mail
  • 1936 United States v. One Package of Japanese Pessaries
    • Shipment was confiscated under the regulations of the Tariff Act of 1930, which was created under provisions of the Comstock Act
margaret sanger
Margaret Sanger
  • National Birth Control League (1916)
  • American Birth Control League (1921)
  • Planned Parenthood Federation of America (1942)
griswold v connecticut 1965
Griswold v Connecticut (1965)
  • Executive Director of PP of Connecticut and Medical Director were convicted for giving married couples advice to prevent conception and prescribe contraceptive devices
  • Connecticut statute made contraceptive devices/advice a crime
  • Supreme Court overturned conviction; right to privacy
roe v wade 1973
Roe v. Wade (1973)
  • 1970 Texas resident “Jane Roe”
  • Plaintiffs included a Texas physician who had been arrested for violating abortion statutes, a married couple who had been advised against pregnancy by their physician, as well as “all couples similarly situated” to the Doe’s and “all other women” in the same situation as Roe
roe v wade
Roe v. Wade
  • Supreme Court struck down Texas abortion law in 1973, citing right to privacy
  • 1st trimester: State cannot interfere with a woman’s decision to abort a fetus
  • 2nd trimester: State has the power to regulate abortions to protect maternal health
  • 3rd trimester: State has the right to prohibit abortions
webster v reproductive health services 1989
Webster v. Reproductive Health Services (1989)
  • Missouri passed into law a statue that put severe restrictions on abortion services, access and funding
  • Created law based on the idea that life begins at conception, gave the same rights to unborn children as other persons
  • Supreme Court supported the state’s right to prohibit the use of public funds on abortion services
south dakota
South Dakota
  • A report published by the Guttmacher Institute compared contraceptive access and care amongst all fifty states and DC. As of November 1st, 2005 South Dakota ranked:
    • 40th in service availability
    • 40th in laws and policies
    • 37th in public funding and
    • 44th overall
south dakota s abortion ban
South Dakota’s Abortion Ban
  • On February 13, 2006, House Bill 1215 was passed by with a 47-22 vote in Pierre, SD
  • The bill prohibits all abortions in the state, with an exception if the women’s life is in danger
  • Once implemented into law, physicians who continue to perform services would face up to $5,000 in fines and jail time.
  • An amendment to make exception for cases of rape or incest was denied
current past legislation
During the state-directed counseling session, the abortion providers are required to, “tell women that the father of the fetus is liable for child support, provide a list of abortion alternative and adoption agencies, and offer to show photographs of fetuses at various stages of development”

24 hour waiting period

Parental notification

Parental consent can be waived in emergency situations, but not in case of rape or insest

Judicial Bypass – does not allow for extended family

Have not passed further safety legislation since FACE act

Current/Past Legislation
  • Pro Choice
    • Planned Parenthood Federation of America
      • Stand With States Campaign
    • National Abortion Federation (NAF)
    • South Dakota Campaign for Healthy Families
      • Collect signatures to prevent ban from going into effect on July 1st, instead the bill will be put in the hands of voters in Novembers election
  • Pro Life
    • Life Advocacy Resource Project
    • March For Life
    • National Right to Life
    • The Christian Alliance for Progress: The movement to reclaim Christianity and Transform American Politics
  • Respect for autonomy
    • Respecting the decision-making capacities of autonomous persons; enabling individuals to make reasonedinformed choices.
  • Beneficence
    • This considers the balancing of benefits of treatment against the risks and costs; the healthcare professional should act in a way that benefits the patient
  • Nonmaleficence
    • Avoiding the causation of harm; the healthcare professional should not harm the patient. All treatment involves some harm, even if minimal, but the harm should not be disproportionate to the benefits of treatment.
  • Justice
    • Distributing benefits, risks and costs fairly; the notion that patients in similar positions should be treated in a similar manner.