CRLP in the courts.


In November 1998, an appeals court granted a temporary injunction against Wisconsin's "partial-birth abortion" law finding that it did was unconstitutional because it banned pre-viability abortions, failed to include health exceptions to protect maternal life, and was too vague. The court also took exception with the punishment of life imprisonment noting that such an extreme punishment may make physicians unwilling to perform any abortions. This was the first federal appellate court decision that found constitutional flaws in language modeled after proposed federal legislation. Also in November, a district court in Arkansas permanently blocked Arkansas's "partial-birth abortion" law and noted that it actually prohibited a greater range of procedures. The Center for Reproductive Law and Policy (CRLP) had secured a preliminary injunction against the law in July 1997. In October 1998, CRLP argued before an appeals court that a Charleston, South Carolina, hospital's policy of testing indigent pregnant women (virtually all of whom were Black) for drugs without their consent was unconstitutional and violated several federal laws. Approximately 280 women had been tested since 1989, and those who tested positive for cocaine use were reported to law enforcement officials and arrested days or hours after delivery or while they were pregnant, even though they received no prenatal care or drug treatment in prison.

Cite this paper

@article{Kelly1998CRLPIT, title={CRLP in the courts.}, author={Michael Kelly}, journal={Reproductive freedom news}, year={1998}, volume={7 9}, pages={6-7} }