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Roe v. Crawford: Do Inmates Have an Eighth Amendment Right to Elective Abortions?

24 Pages Posted: 18 Feb 2010  

Mark Egerman

Georgetown University Law Center

Date Written: 2009

Abstract

This note examines the legal questions surrounding incarcerated women who wish to receive an abortion. The note examines the 8th Circuit's ruling in Roe v. Crawford and explores the two legal arguments presented in that case. While the court ultimately found the Fourteenth Amendment argument valid and rejected the Eighth Amendment, the author argues that grounding inmate abortion rights in the Eighth Amendment is ultimately a more sustainable solution for reproductive justice advocates. The core of an Eighth Amendment case is presented with corresponding medical evidence that argues that not only should inmates have access to abortions, but that they should be funded the same as any other serious medical need under the Eighth Amendment.

Keywords: women, inmates, abortion, reproductive rights, eighth amendment

Suggested Citation

Egerman, Mark, Roe v. Crawford: Do Inmates Have an Eighth Amendment Right to Elective Abortions? (2009). Harvard Journal of Law and Gender, Vol. 31, p. 423, 2009. Available at SSRN: https://ssrn.com/abstract=1553491

Mark Egerman (Contact Author)

Georgetown University Law Center ( email )

600 New Jersey Avenue, NW
Washington, DC 20001
United States

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