Download Doctors and Demonstrators: How Political Institutions Shape by Drew Halfmann PDF
By Drew Halfmann
Read or Download Doctors and Demonstrators: How Political Institutions Shape Abortion Law in the United States, Britain, and Canada PDF
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Extra resources for Doctors and Demonstrators: How Political Institutions Shape Abortion Law in the United States, Britain, and Canada
In the United States, federal officials often avoided the abortion issue by reminding their constituents that it was a matter of state jurisdiction. In Canada, the federal government had jurisdiction over crime policy and the provinces had jurisdiction over health policy. Since abortion involved both, the two levels of government repeatedly blamed each other for problems with the abortion law. Agenda Control and Nonpartisan Legislative Procedures Help Parliamentary Parties Avoid Issues and Blame Agenda control and nonpartisan legislative procedures also affect the character of public policies.
These cases soon percolated up to the Supreme Court. In April 1971, the court upheld the District of Columbia’s abortion law in United States v. 33 By December of that year, it heard oral arguments in cases from Texas and Georgia. These cases were reargued in October 1972, and in January 1973, the Supreme Court delivered its decisions in those cases in Roe v. Wade and Doe v. 34 The Texas statute dated from the nineteenth century and allowed abortions only for grounds of life endangerment. 35 In Roe, the lead opinion, the court found that during the first trimester of pregnancy the abortion decision was between a woman and her doctor.
99 The existence of “issues of conscience” allows Governments to avoid controversial issues, but it also allows them to use ostensibly nonpartisan processes to enact policies that they favor while avoiding blame for them. Even when votes are “free,” most MPs vote with their party. 101 The MPs who take those free votes do not get blamed either. ”104 A final notable feature of private member’s bills and free voting is that once an issue is addressed through these processes, and especially if it is deemed an “issue of conscience,” it tends to be addressed in the same way thereafter.