Embryo Project Encyclopedia

The case of Smith v. Cote (1986) answered two important questions concerning law and childbirth: does the State of New Hampshire recognize a cause of action for what is defined as wrongful birth, and does the State recognize a cause of action for what is classified as wrongful life? In the case of Smith v. Cote, damages were permitted for wrongful birth, but not for the action of wrongful life.

In 1914 Albert Niemann, a German pediatrician who primarily studied infant metabolism, published a description of an Ashkenazi Jewish infant with jaundice, nervous system and brain impairments, swollen lymph nodes (lymphadenopathy), and an enlarged liver and spleen (hepatosplenomegaly). He reported that these anatomical disturbances resulted in the premature death of the child at the age of eighteen months. After extensively studying the abnormal characteristics of the infant, Niemann came to the conclusion that the disease was a variant of Gaucher's disease. Gaucher's disease, described by the French dermatologist Philippe Gaucher in 1882, is a lipid storage disorder resulting in an excessive accumulation of lipids in the spleen, kidneys, liver, lungs, bone marrow, and brain. Niemann was able to connect the infant's disease to Gaucher's disease because it displayed similar symptoms: a noticeable accumulation of fatty substances in the brain, liver, and spleen.

The US 2nd Circuit Court of Appeals' 1984 decision United States v. University Hospital, State University Hospital of New York at Stony Brook set a significant precedent for affirming parental privilege to make medical decisions for handicapped newborns, while limiting the ability of the federal government to intervene. The ruling stemmed from the 1983 case involving an infant born with severe physical and mental congenital defects; the infant was only identified as Baby Jane Doe. After her parents opted against corrective surgery for some of her deformities, Baby Jane Doe became the epicenter of a national right-to-life debate that had been previously sparked one year prior with the case of Baby Doe, an Indiana infant born with similarly severe handicaps.

The Planned Parenthood Committee of Phoenix was established in 1942 to expand Arizona women's access to family planning resources. The Planned Parenthood Committee of Phoenix was formed through the merging of The Mother's Health Clinic in Phoenix, Arizona, with the national Planned Parenthood Federation of America. The clinic was primarily based within the Phoenix Memorial Hospital campus but expanded to other locations in the late 1960s. Until it became Planned Parenthood of Central and Northern Arizona in 1978, the Planned Parenthood Committee of Phoenix provided Arizona women with contraception, initially in the form of diaphragms and spermicide, and later including the birth control pill. It also provided educational information on relationships, sex, contraception, and infertility.

In the 1989 case Webster v. Reproductive Health Services, the
US Supreme Court upheld the constitutionality of a Missouri law regulating abortion care. The
Missouri law prohibited the use of public facilities, employees, or
funds to provide abortion counseling or services. The law also placed restrictions on physicians who provided
abortions. A group of physicians affected by the law challenged the
constitutionality of certain sections of it. The US federal district
court that first heard the case ruled many of the challenged sections of
the law unconstitutional. The Missouri attorney general then appealed
the case to an US federal appeals court and eventually to the US Supreme
Court in Washington, D.C. In a five to four decision, the US Supreme
Court overturned the decisions of the lower federal courts, ruling that
it was constitutional to prohibit public funds, facilities, and
employees from providing abortion care. In doing so, the Supreme
Court upheld a state law that limited women’s access to abortions
and established a precedent that states could apply restrictions to
abortion care.

The Family Planning Services and Public Research Act of 1970, often called Title X Family Planning Program, is a US federal law that provides federal funding for family planning services to low income or uninsured families. The US federal government passed the law, Public Law 91-572, in 1970 as an amendment to the Public Health Services Act of 1944. The Act created the Office of Population Affairs (OPA) under the Secretary of Health, Education, and Welfare (here called the Secretary). Through the Act, the OPA and the Secretary provide resources and policy advice to the US government on health issues. The OPA also issue grants and formed contracts with public and nonprofit organizations to assist in the establishment and operation of voluntary family planning services. The Act helped to extend reproductive health services to low income individuals and to individuals who otherwise struggle to get such services.

Margaret Goldwater advocated for birth control and reproductive rights in the United States during the twentieth century. Goldwater was a socialite and philanthropist and was married to Barry Goldwater, US Senator from Arizona. She spent much of her life working to further the women's reproductive rights movement, which sought to expand women's legal, social, and physical access to reproductive healthcare, including contraception and abortions. Goldwater, with guidance from birth control activist Margaret Sanger, helped establish the second birth control clinic in Arizona, the Mother's Health Clinic in Phoenix, Arizona. She conducted large fundraising events and authored articles in local newspapers on the need for contraceptives and family planning. Goldwater's advocacy helped launch and sustain The Mother's Health Clinic, which became the largest provider of women's reproductive healthcare in Arizona, and it later became Planned Parenthood of Central and Northern Arizona.

Barry Morris Goldwater was a Republican Arizona Senator and US presidential candidate in the twentieth-century whose policies supported the women's reproductive rights movement. Goldwater, a businessman and Air Force reservist, transitioned into politics in the 1950s. He helped align popular support for a conservative Republican Party in the 1960s. Throughout his life, he worked to maintain personal liberty and to limit governmental intrusion into citizens' private lives. Goldwater, influenced by his wife Margaret (Peggy) Goldwater, supported women's rights to abortions. Goldwater's advocacy and support for reproductive rights assisted in the foundation of the Planned Parenthood chapter in Phoenix, Arizona, and for national policies promoting birth control and abortion rights.

The 1973 case Nelson v. Planned Parenthood Center of Tucson established the legality of abortion in Arizona. The Arizona Court of Appeals ruled that the Arizona Revised Statutes 13-211, 13-212, and 13-213, collectively called the Arizona abortion statutes, were unconstitutional. The statutes had made illegal receiving, providing, or advertising abortions. After the Arizona Appeals Court heard the case, it decided that the Arizona abortion statutes were constitutional. However, two weeks later the US Supreme Court decided in Roe v. Wade (1973) that abortion was constitutional at the federal level. The Arizona court followed the precedent set by the US Supreme Court and amended its decision to rule that the Arizona abortion statutes were unconstitutional. Afterwards, Planned Parenthood, other family planning clinics, and hospitals were legally allowed in Arizona to advertise, discuss, and offer abortions as an option to their patients.

In the 2013 case Isaacson v. Horne, the US Court of Appeals in the Ninth Circuit ruled that Arizona House Bill (HB) 2036, which prohibited abortions after twenty weeks of gestation, was unconstitutional. The Arizona State Legislature passed the law in 2012, which was then challenged by three physicians who filed a lawsuit against the state, arguing that the law violated women's constitutionally protected rights to abortions, rights that may only be infringed once fetuses are viable outside of the womb. In hearing the case, the Ninth Circuit US Court of Appeals relied on the precedent set by the US Supreme Court in Roe v. Wade (1973) that ruled that states could not constitutionality prohibit abortions prior to fetal viability at twenty-four weeks. The case Isaacson v. Horne strengthened the precedent in Arizona that laws prohibiting abortion prior to fetal viability are unconstitutional, and it upheld women's rights to decide to terminate their pregnancies prior to fetal viability.