 Abortion deemed manslaughter in the second degree (N. Y. Rev. Stat. 1830) |
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The New York state statute regarding abortion reflects the diverse landscape of abortion law in the nineteenth century.
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| Abortion: Sherri's Baby was Deformed |
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Sherri Chessen Finkbine caused an international controversy when she wanted to end her pregnancy when she believed she was carrying a deformed baby. Sherri was known for her role on a children's TV show and already had four children at the time of her abortion controversy. She brought questions about the life and health of the mother into the forefront of abortion debates.
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| An Act to Amend "An Act Relative to Crime and Punishment" |
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The Indiana state statute regarding abortion reflects the diverse landscape of abortion law in the nineteenth century. This law punished individuals for helping pregnant women obtain a miscarriage.
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| Bowers v. Hardwick |
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Later overturned by Lawrence v. Texas, this Supreme Court case ruled that the 14th Amendment did not prevent states from prohibiting sexual relations between same-sex couples.
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| Comstock Act |
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The Comstock Act restricted obscene material, contraceptives, and abortion-related materials from being sent through the mail. The act was named for Anthony Comstock, a member of the New York Society for the Suppression of Vice and a postal inspector. This act was passed during a time when healthcare was shifting from a woman's responsibility to a professional man's responsibility.
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| Dobbs v. Jackson Women's Health Organization |
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In Dobbs v. Jackson Women's Health Organization, the Supreme Court argued against the right of privacy, overturning Roe v. Wade.
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| Doe v. Bolton |
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A Supreme Court case decided at the same time as Roe v. Wade, Doe v. Bolton ruled that a Georgia abortion law limiting access to abortions to cases of rape, fetal deformity, or extreme injury to the mother was unconstitutional.
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| From Back Alley to the Border: Criminal Abortion in the 20th Century U.S. |
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This teaching module looks at the history of criminal abortion in the 20th century, featuring a webinar with Alicia Gutierrez-Romine, author of the 2020 book, From Back Alley to the Border: Criminal Abortion in California, 1920-1969.
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| Gonzales v. Carhart |
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In Gonzales v. Carhart, the Supreme Court ruled that a Congressional ban on partial-birth abortion was not unconstitutionaly vague.
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| Griswold v. Connecticut |
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In Griswold v. Connecticut, the Supreme Court found that medical privacy was constitutionally protected regarding reproductive decisions. The Griswold decision helped set precedent for the decision in Roe v. Wade.
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| Hyde Amendment |
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The Hyde Amendment, first appearing as part of an appropriations bill for the Departments of Labor, and Health, Education, and Welfare, prevents federal funds from being spent on abortion care. Versions of the Hyde Amendment continue to be adopted by Congress each year, though exceptions have been added to allow for the termination of pregnancies that result from rape or incest or that endanger the life of the mother.
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| Lawrence v. Texas |
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This Supreme Court case struck down a Texas law that criminalized sexual relations between people of the same sex. Lawrence v. Texas ruled that all sexual relations between consenting adults is legal.
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| Miscarriage (Ill. Rev. Stat. 1867) |
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The Illinois state statute regarding miscarriage reflects the diverse landscape of abortion law in the nineteenth century.
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| Nebraska Abortion Statute (1873) |
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The Nebraska state statute regarding abortion reflects the diverse landscape of abortion law in the nineteenth century.
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| Nebraska Abortion Statute (1929) |
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The Nebraska state statute regarding abortion reflects the diverse landscape of abortion law before Roe v. Wade.
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| People v. Belous |
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This is a case before the California Supreme Court looking at abortion rights. It focused on a physician's ability to practice medicine unimpeded and the extent of physicians' abilities to determine when an abortion would be necessary to protect a woman's life.
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| People v. Buffum |
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One of California's pre-Roe v. Wade abortion cases, the decision in Buffum attempted to regulate abortion tourism to Mexico. This case determined that California could not legislate medical practices in Mexico, causing an increase in abortion clinics across the border in Tijuana.
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| Planned Parenthood v. Casey |
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In the Supreme Court case of Planned Parenthood v. Casey, the ruling in Roe v. Wade was upheld, but changed the scrutiny standard from "strict scrutiny" to an "undue burden" standard.
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| Roe v. Wade |
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Roe v. Wade is the landmark Supreme Court decision that extended the right to privacy to the ability for women to obtain abortion care. The decision was overturned in the 2022 decision of Dobbs v. Jackson Women's Health Organization, returning legislation on abortion care to the states.
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| Stenberg v. Carhart |
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The Supreme Court found, in Stenberg v. Carhart, that a Nebraska state ban on partial-birth abortion was unconstitutional.
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| Webinar - From Back Alley to the Border: Criminal Abortion in the 20th Century U.S. |
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In this webinar, Dr. Alicia Gutierrez-Romine of California State University, San Bernardino, discusses U.S. constitutionalism and criminal abortion in the 20th century with Dr. William Thomas and his American Constitutional History class.
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