CASE: WALMART DISCONTINUING THE SALE OF THE MORNING AFTER PILL
DESCRIPTION: Walmart has discontinued the sale of the morning after pill.
They state it was a business decision. Preven, the leading manufacture of
the morning after pill will no longer be disturbed do to ethical reasoning
of the Walmart Corporation.
For the promotion of emergency birth control procedures such as Preven
and Plan B see this site:
For opposition to such measures see this site
The history of abortion in the United States
- 1859: The American Medical Association (AMA) condemns abortion except
as necessary to preserve the life of either the mother or child (?)
- 1875: Every state in the United States has adopted laws banning
- 1916: Margaret Sanger
forms the Birth Control League (now Planned Parenthood) to promote
contraception and abortion.
- 1959: The American Law Institute (ALI) proposes the "Model Penal Code"
urging that abortion be performed in licensed hospitals when necessary to
preserve the mental or physical health of the mother or in cases of rape
Griswold v. Connecticut. Supreme Court hands down decision that
legalizes contraception and defines the "right to privacy."
- 1967: Colorado becomes the first state to allow abortion for cases of
rape, incest or threat to the mother's life.
- 1970: Fourteen states were allowing abortion in certain circumstances.
Roe v. Wade. Stating that a constitutional "right to privacy" exists
that protects a woman's decision to have an abortion, the U.S. Supreme
Court legalizes abortion on demand. The Court permits states to outlaw
abortions from viability until birth (third trimester) except when
necessary to preserve the mother's life or health.
Doe v. Bolton. The Supreme Court defines "health" (of the mother) to
include all factors - physical, emotional, psychological, familial and the
woman's age. This basically allows a woman to have an abortion at any time
during her pregnancy and for any reason.
Planned Parenthood Association of Central Missouri v. Danforth. A
Missouri abortion law, requiring the consent of parents in the case of
minors, and husbands in the case of a married woman, is ruled
unconstitutional by the Supreme Court.
Planned Parenthood of Southeastern Pennsylvania v. Casey. This
decision outlaws any restrictions that "impose an undue burden" on a
woman's "right" to an abortion.
- 1993: President Bill Clinton signs five executive orders into effect,
allowing fetal tissue research and harvesting, RU486 research, abortion
counseling in federally funded family planning clinics and abortion
services in U.S. military hospitals.
- 1994: President Clinton signs into law the
Access to Clinics Entrance Act (FACE), which inhibits the first
amendment rights of pro-lifers to peacefully protest, demonstrate and
provide sidewalk counseling at abortion clinics.
Stenberg v. Carhart. On a 5-4 decision, the Supreme Court declared
that Nebraska's partial birth abortion law unconstitutionally placed an
undue burden on a woman's so-called right to a late term abortion.
Abortion cases in the United States Supreme Court
Griswold v. Connecticut
Legalizes contraception and defines the "right to privacy."
United States v. Vuitch
Mental health as an indication for abortion
Eisenstadt v. Baird
Unmarried persons may use contraceptives.
Roe v. Wade
Decriminalizes abortion on demand, stating that a constitutional
"right to privacy" exists that protects a woman's decision to have an
abortion. The court permits states to outlaw abortions from viability
until birth (third trimester) except when necessary to preserve the
mother's life or health. However, the ruling in Doe v. Bolton
(see below) makes such permission moot because of that decision's
definition of maternal health.
Doe v. Bolton
Defines "health" (of the mother) to include all factors - physical,
emotional, psychological, familial and the woman's age. This basically
allows a woman to have an abortion at any time during her pregnancy and
for any reason.
Bigelow v. Virginia
States may not prohibit ads for abortions that are legal in other
- 1975: T.H. v. Jones
A minor's privacy rights include contraception.
- 1975: Planned Parenthood v. Fitzpatrick
Parents, husbands need not consent to abortion.
Planned Parenthood Association of Central Missouri v. Danforth
A Missouri abortion law, requiring the consent of parents in the case
of minors, and husbands in the case of a married woman, is ruled
Carey v. Population Services International
Minor's right to access contraceptives.
Beal v. Doe
Abortion funding under Medicaid.
Maher v. Roe
Equal protection required in funding abortion.
Poelker v. Doe
Public hospitals and abortion.
Bellotti v. Baird II
Minor's right to privacy includes abortion.
- 1980: Planned Parenthood v. Minnesota
Can't deny abortion funding only to Planned Parenthood.
Harris v. McRae
Hyde restriction of Medicaid funds.
Williams v. Zbarez
Equal protection and "therapeutic" abortions.
H.L. v. Matheson
"Mature" minors and parental notification.
- 1981: Planned Parenthood v. Kempiners
Informed consent and abortion funding.
Akron v. Akron Center for Reproductive Health
Abortion regulations rejected.
Planned Parenthood v. Ashcroft
Abortions may not be restricted to hospitals.
Bolger v. Young Drug Products Corporation
Contraceptive ads in the mail are now okay.
- 1983: Planned Parenthood v. Heckler
Parental notification and access to contraceptives.
- 1986: Babbitt v. Planned Parenthood of Central and Northern Arizona
State funding of organizations that provide abortion or abortion
Webster v. Reproductive Health Services
Upheld restrictions on public funding, use of public facilities for
abortion and abortion counseling.
Ohio v. Akron Center for Reproductive Health
Parental notification upheld.
Notification of both parents is not required for a minor's abortion.
The government has no obligation to pay for women to exercise their
Planned Parenthood of Southeastern Pennsylvania v. Casey
This decision outlaws any restrictions that "impose an undue burden"
on a woman's "right" to an abortion.
Bray v. Alexandria Women's Clinic
Federal civil rights laws do not provide class protection to women
National Organization for Women v. Scheidler
Upheld without comment a lower court ruling allowing the Racketeer
Influenced and Corrupt Organizations act to be used against pro-life
Madsen v. Women's Health Center
Held that buffer zones around abortion clinics do not infringe on
free speech rights.
v. Pro-Choice Network of Western New York
Upheld fixed protest-free buffer zones around abortion clinics.
Stenberg v. Carhart
On a 5-4 decision, the Supreme Court declared that Nebraska's partial
birth abortion law unconstitutionally placed an undue burden on a
woman's so-called right to a late term abortion.
Upheld protest-free floating "bubble zones" around abortion clinics.
Sample of Cases that involve the Abortion Issue:
A. Parents' rights vis a vis their pregnant daughter(12 years old) threat
to life of daughter, refusal on religious grounds and the court rules for daughter
B. RU-486 PILL: the "morning after pill" now being made
C. The use of the drug Thalidomide that caused abnormal fetuses and
requests for abortions
D. Availability of Pregnancy Tests: 7 to 10 days after fertilization
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© Copyright Philip A. Pecorino 2002. All Rights
Web Surfer's Caveat: These are class notes, intended
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