Friday November 3, 2023
12:30-1:30 p.m.
Meeting Both In-Person and by Zoom
Dampeer Room, Second Floor of Kelvin Smith Library*
Case Western Reserve University
Dear Colleagues:
For a political science professor, it is easy to see the Supreme Court’s Dobbs v. Jackson Women’s Health Organization decision, overturning Roe v. Wade, in two ways: as a political earthquake and as a huge swing in the policy battle between the “right to life” and the “right to choose.” But both decisions also had huge implications for a kind of third party in the abortion (or “reproductive rights”) battle: physicians.
Abortions are provided by physicians (if they are legal). The relationship between patient and physician is one of deep dependence (no matter how much one might wish otherwise) and (hopefully) trust; and there are good reasons to worry about the extent to which the State should be able to interfere. Physicians may oppose abortion due to their own values, and in practice, much to the dismay of some advocates, doctors who do not approve of abortion do not provide it. But a major theme of Justice Blackmun’s Roe v. Wade opinion is that it upholds “the right of the physician to administer medical treatment according to his professional judgment up to the points where important state interests provide compelling justifications for intervention. Up to those points, the abortion decision in all its aspects is inherently, and primarily, a medical decision, and basic responsibility for it must rest with the physician” (lines 164-66). While this focus is often associated with Blackmun’s long service as resident counsel for the Mayo Clinic, the influence of that role on his decision may be overstated – but other Justices, including Justice Powell, also thought in terms of the role of physicians.
What Blackmun’s decision really did, then, is draw lines about where state interest becomes “compelling” (in different ways, at the ends of the first and second trimester). The current SCOTUS has given states leeway to draw the line wherever they wish. But the laws that have been passed are also about doctors, for they normally mean physicians could be prosecuted for felonies. As the New York Times reported over a year ago, “State abortion bans carry narrow but sometimes vague exceptions, and years of prison time.”
On Sunday the Washington Post published an extensive report on some of what has happened since. “Faced with abortion bans,” the headline read, “doctors beg hospitals for help with key decisions.” But they’re not getting much help, so, “vague state laws, and a lack of guidance on how to interpret them, have led to some patients being denied care until they are critically ill.” One of the major concerns is patients who are not asking for abortions, but have appeared with life-threatening conditions for which abortion would be part of the treatment. Ohio has not been a big part of the story because the very strict state law that went into effect the night after the Dobbs decision, was temporarily blocked by a state judge on September 14. But the nearly three months during which the law was in effect (June 24 – September 14) provided a preview of what will likely happen if the temporary suspension is overturned either by final resolution of the case or the state Supreme Court stepping in to overturn the suspension.
Our topic for this Friday therefore is a central part of the most heated political battle of our time, and our speaker, Dr. Hackney, will be addressing an important part of the stakes in next Tuesday’s election.
In-Person and Virtual Attendance
In order to make it easy for people to protect themselves and still participate, the meetings can be attended on Zoom. Participants can register for each meeting in the same way they did for the past two years. The link is posted below.
The discussion begins at 12:30 p.m., but the room should be open no later than Noon. We try to have beverages and refreshments set up soon after that. Participants should be able to sign on to Zoom also by Noon. But please remember not much will be happening online until the talk begins at 12:30 pm. Please also be prepared to show identification when entering Kelvin Smith Library.
Zoom participants should speak up when asked for questions or comments, or submit thoughts through Zoom’s chat function. Please keep yourself muted until you are choosing to speak.
Each week we will send out this newsletter with information about the topic. It will also include a link to register (for free) for the discussion. When you register, you will automatically receive from the Zoom system the link to join the meeting. If you do not get the newsletter, you should also be able to get the information each Monday by checking http://fridaylunch.case.edu Then if you choose you can use the contact form on that website to request the registration link.
This week’s Zoom link for registration is:
https://cwru.zoom.us/meeting/register/tJ0sc–gqzgtGd2kqkE4EpO9N7uuA1SRs2_o
After registering, you will receive a confirmation email containing information about joining the meeting.
Please also e-mail padg@case.edu if you have questions about arrangements or any suggestions. Or call at 216 368-2426 and we’ll try to get back to you. We are very pleased to be partnering this semester with the Siegal Lifelong Learning Program to share information about the discussions.
Best wishes for safety and security for you and yours,
Joe White
Luxenberg Family Professor of Public Policy and Director, Center for Policy Studies
About Our Guest
Dr. David Hackney is the Division Director of Maternal Fetal Medicine at University Hospitals Cleveland Medical Center and Reproductive Biology faculty at Case Western Reserve University. A Pittsburgh native he attended Carnegie-Mellon University followed by medical school at the University of Pittsburgh. His residency training was at the Ohio State University followed by MFM fellowship and a Master’s in Clinical Research at the University of Pittsburgh / Magee-Womens Hospital. Dr. Hackney is the immediate past-Chair for Ohio for the American College of Obstetricians and Gynecologists, a member of the Health Policy and Advocacy Committee for the Society for Maternal Fetal Medicine and a subspecialty oral board examiner for the American Board of Obstetrics and Gynecology. He is a member of the petition committee for the reproductive freedom ballot initiative. Dr. Hackney was named a University Hospital “Distinguished Physician” in 2022 and in 2023 was honored to be selected by the CWRU graduating medical student class to be a co-recipient of the Women Faculty Gender Equity Award.
* Kelvin Smith Library requires all entrants to show identification when entering the building, unless they have a university i.d. that they can magnetically scan. We are sorry if that seems like a hassle, but it has been Library policy for a while in response to security concerns. Please do not complain to the library staff at the entrance, who are just doing their jobs.
Schedule of Friday Lunch Upcoming Topics and Speakers:
November 10: Who’s Legally Responsible When “Self-Driving” Cars Go “Eyes Off?” With Cassandra Burke Robertson, JD, John Deaver Drinko – BakerHostetler Professor of Law.
November 17: Axios Cleveland and the Future of Local Media. With Sam Allard, reporter for Axios Cleveland.
November 24: Thanksgiving Break
December 1: Civil-Military Relations in Egypt. With Dina Rashed, Ph.D., Associate Dean of the College for Academic Affairs, University of Chicago.
December 8: To Be Determined. |
