The Abortion Controversy

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1 The Abortion Controversy A Documentary History edited by Eva R. Rubin Primary Documents in American History and Contemporary Issues Greenwood Press Westport, Connecticut London

2 Series Foreword Introduction xix xxi PART I: BEFORE Abortion in Historical Context 3 THE EARLY HISTORY OF ABORTION 3 Document 1: An Overview of Judicial History and Legislative History. Congressional Research Service, Library of Congress, Issue Brief on Abortion 3 Document 2: The Hippocratic Oath. Hippocrates of Cos, B.C. c THE COMMON LAW 5 Document 3: The Common Law. Treatise on the Pleas of the Crown. William Hawkins, INFANTICIDE AS A MEANS OF POPULATION CONTROL (EUROPE, ) 6 Document 4: Disguised Infanticide During Europe's First Population Explosion. William Langer, Contraception and Abortion in America Before

3 vüi Contents A SHORT HISTORY OF ABORTION POLICY IN THE UNITED STATES; THE HISTORIANS' BRIEF 10 Document 5: Brief of 281 American Historians as Amici Curiae Supporting Appellees in Webster v. Reproductive Services, THE MEDICAL CRUSADE AGAINST ABORTION ( ) 21 Document 6: Foeticide, or Criminal Abortion: A Lecture Introductory to the Course on Obstetrics and Diseases of Women and Children. Dr. Hugh L. Hodge, University of Pennsylvania, CRIMINAL ABORTION LAWS 25 Document 7: The Texas Abortion Statute (1857) 25 Document 8: North Carolina Starutes Pertaining to Abortion and Kindred Offenses Before the 1967 Law 26 THE LEGAL PROHIBITION OF CONTRACEPTION 27 Document 9: The Comstock Act (1873). "An act for the suppression of trade in and circulation of obscene literature and artides of immoral use." 28 Document 10: Proposal to Amend the Comstock Act to Allow Doctors to Prescribe Contraceptives. Testimony Opposing the Amendment by Father Charles E. Coughlin, Document 11: "The Turbid Ebb and Flow of Misery." Margaret Sanger's Autobiography, SIGNS OF CHANGE ( ) 36 Document 12: Illegal Abortion as a Public Health Problem. Dr. Mary Strichen Calderone, FOR FURTHER READING 43 PART II. THE ABORTION REFORM MOVEMENT ( ) 45 The Reformers 47 THE BAD OLD DAYS (1965) 47

4 ix Document 13: Statements of Ms. Pamela Lowry, Executive Committee Member of NARAL and Director of Constitutional Defense Project, Massachusetts, Before the U.S. Senate. "This is the way things were... in 1965." 47 THE NATIONAL ORGANIZATION FOR WOMEN 50 Document 14: National Organization for Women (NOW) Bill of Rights. The Right of Women to Control Their Reproductive Lives TWO REFORMERS: LAWRENCE LADER AND PATRICIA MAGINNIS 51 Document 15: Inside the Reform Movement. Lawrence Lader, MOUNTING A CONSTITUTIONAL ATTACK ON STATE ABORTION LAWS 55 Document 16: A Constitutional Attack on State Abortion Statutes. Roy Lucas, TASK FORCE REPORT ON FAMILY LAW AND POLICY: American Women, Document 17: Personal Rights Relating to Pregnancy 58 FEMINISTS 62 Document 18: Reproductive Rights and Women's Liberation. Luanda Cisler, Document 19: Having the Abortion 64 Catalysts 68 THE THALIDOMIDE SCARE AND THE GERMAN MEASLES EPIDEMIC 68 Document 20: Sherri Finkbine's Story 68 CONCERN ABOUT POPULATION PRESSURES 71 Document 21: Speech by Senator Bob Packwood (Republican, Oregon), Introducing Bills to Provide Tax Incentives for Family Limitation, and to Liberalize Abortion Laws in the District of Columbia, February 24, THE MEDICAL PROFESSION: NEW MEDICAL TECHNIQUES 75

5 Document 22: Changes in the Practice of Medicine. Testimony of Dr. Jaroslav Fabian Hulka, Professor of Obstetrics and Gynecology, Before the House Subcommittee on Human Resources, Reform Activity in State Legislatures ( ) 79 Document 23: Model Penal Code Abortion Law. American Law Institute, Document 24: The North Carolina Abortion Act of The Politics of State Legislative Reform ( ) 82 NORTH CAROLINA 82 Document 25: North Carolina Abortion Law 1967: A Study in Legislative Process. Sagar C. Jain and Steven W. Sinding, CALIFORNIA 85 Document 26: The California Abortion Reform Movement Was Led by Doctors, Lawyers and Public Health Experts. Testimony of Herma Hill Kay Before the Senate Committee on the Judiciary, Breakthrough in the Courts 89 Document 27: People v. Belous. Supreme Court of California, Document 28: Rosen v. Louisiana State Board of Medical Examiners. U.S. District Court, Document 29: Complaint in Abramowicz v. Lefkowitz (1970) 96 Document 30: United States v. Vuitch (1971) 97 The Abortion Situation Worldwide 100 Document 31: Abortion Laws and Policies: A World Review. Christopher Tietze, Public Opinion 103 Document 32: "Abortion and Public Opinion: The Decade." Judith Blake,

6 xi Fhilosophical Arguments For and Against the Liberalization of Abortion Laws 109 Document 33: "Understanding the Abortion Argument." Roger Wertheimer, FOR FURTHER READING 116 PART III. THE 1973 ABORTION CASES 117 The Law and the Cases 119 THE CONSTITUnONAL PROVISIONS: LIBERTY, PRTVACY, AND THE NINTH AMENDMENT 119 Document 34: The Ninth Amendment (1791) 120 THE FOURTEENTH AMENDMENT 120 Document 35: The Fourteenth Amendment, Section 1 (1868) 121 GRISWOLD V. CONNECTICUT AND THE RIGHT TO PRTVACY 121 Document 36: Griswold v. Connecticut (1965) 122 HOW THE CASES GOT STARTED 123 Document 37: Testimony of Sarah Weddington, Attorney, Before the Senate Committee on the Judiciary, INSIDE THE COURT 125 Document 38: Deciding the Abortion Cases: The Brethren. Bob Wood ward and Scott Armstrong, THE CASES: ROE V. WADE AND DOE V. BOLTON 131 Document 39: Roe v. Wade (1973) 131 Document 40: Roe v. Wade (1973). Dissenting Opinions 137 DOE V. BOLTON: THE COMPANION CASE 138 Document 41: Doe v. Bolton (1973). Concurring Opinion of Justice William O. Douglas 138 The Immediate Reaction to the Abortion Decisions 140 PUBLIC REACTION 140

7 xii Contents Document 42: Statement of the Committee for Pro-Life Affairs, National Conference of Catholic Bishops, January 24, Document 43: "Abortion: Out of the 19th Century." Washington Post, Document 44: "Despite Court's Ruling Abortion Fight Goes On." Michael T. Malloy, Document 45: "High Courf s Abortion Legislation." Edwin A. Roberts, Jr., Document 46: "The State Houses: Anti-Abortion Forces Fight Court Decision." Judith Randal, REACTION IN CONGRESS 152 Document 47: Remarks in the Senate by Senator James B. Allen (Alabama) on the Abortion Ruling, January 23, Document 48: Remarks in the House of Representatives by Representative Lawrence J. Hogan (Maryland), January 30, Document 49: "Protection of the Unborn" Introduction of a Joint Resolution to Amend the Constitution by Senator James L. Buckley (New York), May 31, THE LAW PROFESSORS 159 Document 50: "An American Tragedy: The Supreme Court on Abortion." Robert M. Byrn, Document 51: "The Wages of Crying Wolf: A Comment on Roe v. Wade." John Hart Ely, Document 52: "Rewriting Roe v. Wade." Donald H. Regan, Document 53: "The Conflict over Constitutional Legitimacy." Lawrence M. Friedman, FOR FURTHER READING 169 PART IV. THE BATTLE LINES ARE DRAWN ( ) 171 State Legislative Action and Judicial Response ( ) 173 MISSOURI PASSES A RESTRICTIVE STATUTE 173

8 XIII Document 54: The Missouri Abortion Statute (1974) 174 PARENTAL CONSENT AND THE RIGHTS OF MINORS ' 177 Document 55: Planned Parenthood of Central Missouri v. Danforth (1976) 178 Document 56: Bellotti v. Baird (1979) 179 STATES CUT OFF FUNDING FOR ELECTTVE ABORTIONS 183 Document 57: The Abortion Funding Case: Mäher v. Roe (1977) 184 LEGISLATIVE ATTEMPTS BY CONGRESS TO LIMIT ABORTION 185 Document 58: Amendment to the Department of Health, Education and Weifare Appropriations Bill (Hyde Amendment) THE EDELIN CASE (1975) 186 Document 59: The Trial of Dr. Edelin: The Judge's Charge to the Jury Amending the Constitution 189 A HUMAN LIFE AMENDMENT 189 Document 60: Senate Joint Resolution 119 (The Buckley Amendment) Document 61: Senate Joint Resolution 130 (The Helms Amendment) HEARINGS ON TWO CONSTTTUTIONAL AMENDMENTS BEFORE THE SUBCOMMTITEE ON CONSTTTUTIONAL AMENDMENTS OF THE SENATE COMMITTEE ON THE JUDICIARY, Documents 62 A-M: Selections from the Hearings Before the Senate Committee on the Judiciary on Two Proposed Human Life Amendments to the Constitution 191 Document 62-A: Position of the Roman Catholic Church 191 Document 62-B: Statement by an Eider of the Presbyterian Church 193

9 Document 62-C: Statement by a Rabbi of the New York Federation of Reformed Synagogues 194 Document 62-D: Statement by a Biologist on the Question of When Life Begins 195 Document 62-E: The Position of the National Right to Life Committee 197 Document 62-F: Statement by an African-American Physician and Anti-Abortion Activist, Chairman of the Board of Directors, National Right to Life Committee 199 Document 62-G: Statement by Feminists Against Abortion 201 Document 62-H: Statement by a Member of Congress and Women's Rights Advocate 202 Document 62-1: Statement by an African-American Civic Leader, Washington, D.C. 204 Document 62-J: Statement by an Attending Physician in a New York Hospital, Document 62-K: Statment by a Woman Born with Congenital Defects Due to German Measles 209 Document 62-L: Statement by a Woman Who Lost a Child to a Congenital Disease 210 Document 62-M: Statement by a Developmental Neuropsychologist, National Institutes of Health 211 THE REPORT OF THE UNITED STATES COMMISSION ON CIVIL RIGHTS ON THE HUMAN LIFE AMENDMENTS (1975) 213 Document 63: Report of the United States Civil Rights Commission on Constitutional Aspects of the Right to Limit Childbearing Politics and Elections 219 RELIGIOUS GROUPS ENTER THE POLITICAL FRAY 219 Document 64: Pastoral Plan for Pro-Life Activities. National Conference of Catholic Bishops, FUNDAMENTALIST CHURCHES BECOME INVOLVED IN POLITICS 224 Document 65: "Churches Step Up Political Efforts." Johanna Seltz,

10 xv ABORTION BECOMES AN ISSUE IN PRESIDENTIAL POLITICS, Document 66: President Ford on Abortion. Public Forum, West Bend High School (Indiana), April 2, Document 67: President Carter's "Life Is Not Fair" Comments. News Conference, July 12, FOR FURTHER READING 231 PART V. THE REAGAN AND BUSH ADMINISTRATION AND BEYOND (1980- ) 233 National Politics 237 REPUBLICAN AND DEMOCRATIC PLATFORM STATEMENTS ON ABORTION AND THE SELECTION OF JUDGES ( ) 237 Document 68: Republican Party Platform, Document 69: Democratic Party Platform, Document 70: President Carter's August 1, 1980, Statement on the Platform's Section on Abortion 238 Document 71: Republican Party Platform, Document 72: Democratic Party Platform, Document 73: Transcript of Debate Between Walter Mondale and President Reagan on Domestic Policy, October 7, Document 74: Republican Party Platform, Document 75: Republican Party Platform, Document 76: Democratic Party Platform, CONGRESS DELIBERATES 244 Document 77: The Proposed Hatch Amendment to the Constitution THE HUMAN LIFE BILL (1981) 245 Document 78: The Proposed Human Life Statute. Senate Bill THE FREEDOM OF CHOICE BILL (1992) 246 Document 79: The Proposed Freedom of Choice Act. H.R

11 PACKING THE SUPREME COURT 247 Document 80: Testimony of Sandra Day O'Connor Before the Senate Judiciary Committee. Hearings on Her Nomination to Be an Associate Justice of the Supreme Court, Document 81: Testimony of Faye Wattleton, President of Planned Parenthood Federation of America, before the Senate Committee on the Judiciary. Nomination of David H. Souter to Be an Associate Justice of the Supreme Court, Document 82: Comments by Senator Alan Simpson (Republican, Wyoming) before the Senate Committee on the Judiciary. Nomination of David H. Souter to Be an Associate Justice of the Supreme Court, ABORTION DECISIONS BY THE REAGAN-BUSH SUPREME COURT, Document 83: City of Akron v. Akron Center for Reproductive Health (1983). Excerpts from the O'Connor Dissent 259 Document 84: Webster v. Reproductive Health Services (1989). Excerpts from the Concurring Opinion of Justice Antonin Scalia 260 Document 85: Planned Parenthood of Southeastern Pennsylvania v. Casey (1992). Joint Concurring Opinion by Justices David H. Souter, Sandra D. O'Connor, and Anthony M. Kennedy 261 Document 86: Rust v. Sullivan (1991) 264 State Legislation During the 1980s 267 Document 87: A Look at State Abortion Laws 268 Document 88: A Pro-Choice View of Abortion Laws. National NOW Times, New Issues and Problems 273 ABORTION CLINIC VIOLENCE 273 Document 89: Abortion Clinic Violence. Hearings Before a Subcommittee of the House of Representatives, 1985 and

12 xvii HEALTH EFFECTS OF ABORTION ON WOMEN; THE KOOP REPORT, Document 90: Statement of Surgeon General C. Everett Koop, Public Health Service, Before the Subcommittee on Human Resources and Governmental Relations of the House Committee on Government Operations, March 16, THE IMPORT BAN ON A NEW ABORTIFACIENT DRUG, RU Document 91: Hearings Before a Subcommittee of the House of Representatives on the Import Ban of RU-486, PUBLIC OPINION IN THE 1990s 281 Document 92: Public Opinion Polls Showing Support for Legal Abortion, FOR FURTHER READING 283 Epilogue: 1993 and After 285 Appendix A: Major Supreme Court Decisions Related to Abortion, Appendix B: Chronology of Events in the Abortion Controversy 295 Index 303

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Griswold. the right to. tal intrusion. wrote for nation clause. of the Fifth Amendment. clause of 1 Griswold v. Connecticut From Wikipedia, the free encyclopedia Jump to: navigation, search Griswold v. Connecticut, 381 U..S. 479 (1965), [1] is a landmark case in the United States in which the Supreme