Washington Lawyer - March/April 2020 - 22
FEATURE
The states with stricter new laws are calculating that the Court's new
composition translates to a better chance to overturn Roe v. Wade, the
1973 landmark decision, says Lawrence Gostin, a Georgetown University
Law Center professor who specializes in public health law.
But even anti-abortion advocates warn that states with a conservative
majority might be making some errors. "There's a misunderstanding
among state legislatures that they can force the Court to take a case,"
says Clarke Forsythe, senior counsel at Americans United for Life. Or they
assume, he says, "that by passing the strongest possible law," the Court
will take up abortion.
That's "all wrong," Forsythe argues. "The Court has absolute discretion as
to what cases it takes and in what time frame."
In 1976 Congress passed the Hyde Amendment, which prohibited the
use of most federal funds, such as Medicaid, for abortions except to
save the life of the mother or if the pregnancy resulted from rape or
incest.
By 1992, many believed that Planned Parenthood v. Casey might be the
case that would overturn Roe. But in a 5-4 vote, the Supreme Court
reaffirmed the "essential holding" of Roe, although it upheld four of
Pennsylvania's abortion restrictions. Also, the decision introduced the
standard of "undue burden" to evaluate whether state laws on abortion
are unconstitutional. In other words, a law cannot place a substantial
Saul Loeb/AFP via Getty Images
A significant new case is before the Supreme Court this term. On March 4, the
Court will hear oral arguments in June Medical Services LLC v. Gee, a case that
comes out of a 2014 Louisiana law requiring doctors who perform abortions
to have admitting privileges at a hospital no more than 30 miles away.
THE FIGHT POST-ROE
Before delving into June Medical Services, it's useful to review abortion
legislation and court decisions since Roe in 1973, legalizing abortion in
all 50 states. (Abortion had been legal in some states before that time.)
Starting almost immediately, states began to challenge aspects of Roe,
and those challenges have continued to this day.
Pro-choice supporters in St. Louis await a court decision on May 31, 2019, allowing Missouri's last Planned Parenthood to continue operating.
22 WASHINGTON LAWYER
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MARCH/APRIL 2020
Washington Lawyer - March/April 2020
Table of Contents for the Digital Edition of Washington Lawyer - March/April 2020
Digital Extras
Your Voice
From Our President
Practice Management
Calendar Of Events
Women of Impact feature
The Race to End Roe feature
Solar Power Access Feature
Taking the Stand
On Further Review
Global & Domestic Outlook
Member Spotlight – Joesphine Wang
Member Spotlight - Fatemah Albader
Worth Reading
Attorney Briefs
Disciplinary Summaries
Pro Bono Effect
Portraits of Suffrage's Overlooked Heroes
Community & Connections
Last Word
Washington Lawyer - March/April 2020 - Cover1
Washington Lawyer - March/April 2020 - Cover2
Washington Lawyer - March/April 2020 - 1
Washington Lawyer - March/April 2020 - 2
Washington Lawyer - March/April 2020 - 3
Washington Lawyer - March/April 2020 - Digital Extras
Washington Lawyer - March/April 2020 - Your Voice
Washington Lawyer - March/April 2020 - From Our President
Washington Lawyer - March/April 2020 - Practice Management
Washington Lawyer - March/April 2020 - Calendar Of Events
Washington Lawyer - March/April 2020 - 9
Washington Lawyer - March/April 2020 - Women of Impact feature
Washington Lawyer - March/April 2020 - 11
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Washington Lawyer - March/April 2020 - The Race to End Roe feature
Washington Lawyer - March/April 2020 - 21
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Washington Lawyer - March/April 2020 - Solar Power Access Feature
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Washington Lawyer - March/April 2020 - Taking the Stand
Washington Lawyer - March/April 2020 - On Further Review
Washington Lawyer - March/April 2020 - 37
Washington Lawyer - March/April 2020 - Global & Domestic Outlook
Washington Lawyer - March/April 2020 - 39
Washington Lawyer - March/April 2020 - Member Spotlight – Joesphine Wang
Washington Lawyer - March/April 2020 - 41
Washington Lawyer - March/April 2020 - Member Spotlight - Fatemah Albader
Washington Lawyer - March/April 2020 - Worth Reading
Washington Lawyer - March/April 2020 - 44
Washington Lawyer - March/April 2020 - Attorney Briefs
Washington Lawyer - March/April 2020 - Disciplinary Summaries
Washington Lawyer - March/April 2020 - 47
Washington Lawyer - March/April 2020 - Pro Bono Effect
Washington Lawyer - March/April 2020 - 49
Washington Lawyer - March/April 2020 - Portraits of Suffrage's Overlooked Heroes
Washington Lawyer - March/April 2020 - 51
Washington Lawyer - March/April 2020 - 52
Washington Lawyer - March/April 2020 - 53
Washington Lawyer - March/April 2020 - Community & Connections
Washington Lawyer - March/April 2020 - 55
Washington Lawyer - March/April 2020 - Last Word
Washington Lawyer - March/April 2020 - Cover3
Washington Lawyer - March/April 2020 - Cover4
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