SwansonK. W., “The Doctor's Dilemma: Paternalisms in the Medicolegal History of Assisted Reproduction and Abortion,”Journal of Law, Medicine & Ethics43, no. 2 (2015): 312–325.
2.
Id.
3.
Comstock Act 17 Stat. 598 (1873).
4.
86 F.2d 737. A pessary is a type of diaphragm.
5.
Anon., “Recent Cases,”Harvard Law Review50, no. 8 (1936–1937): 1312–1324, at 1312.
6.
“But it is difficult to escape the conclusion that the Comstock Act, although perhaps not undesirably, has been almost emasculated by judicial nullification.” Anon., “Recent Decisions,”Columbia Law Review37, no. 5 (1937): 852–880, at 856. More recent evaluations of One Package reached similar conclusions, e.g., PosnerR., “The Learned Hand Biography and the Question of Judicial Greatness,”Yale Law Journal104, no. 2 (1994–1995): 511–540, at 529, n. 63, describing the One Package case “which gutted the Comstock Act's prohibition against the importation of contraceptives.”
7.
Dennett successfully appealed her prosecution in U.S. v. Dennett, 39 F.2d 564 (2nd Cir., 1930). The opinion that reversed her conviction and declared her pamphlet not obscene was written by Augustus HandN., cousin to Learned Hand, and author of a concurring opinion in the One Package case on appeal. Dennett's pamphlet appeared years earlier following an editorial endorsement by Victor RobinsonM.D., see “A Rational Sex Primer”Medical Review of Reviews24, no. 2 (February 1918): 65–75, and DennettM. W., “The Sex Side of Life: An Explanation for Young People,”id., at 68.
8.
SwansonK. W., Banking on the Body: The Market in Blood, Milk and Sperm in Modern America (Cambridge, MA/London: Harvard Uuniversity Press, 2014): At 228.
9.
Boston Women's Health Book Collective, The New Our Bodies, Ourselves (New York: Simon & Schuster, 1984): At 318.
10.
The legal regime for donor insemination made physician involvement a necessity in order to insure legitimacy of resulting children, see Swanson, supra note 8, at 226. Media reports suggest that liability for those who donate sperm remains an ongoing concern when do-it-yourself parenthood plans do not involve physicians, see NarayanC., “Kansas Court Says Sperm Donor Must Pay Child Support,”CNN, available at <http://www.cnn.com/2014/01/23/justice/kansas-sperm-donation/> (last visited April 23, 2015).
11.
Griswold v. Connecticut, 381 U.S. 479 (1965) (affirming a right to privacy in access to birth control).
12.
Roe v. Wade, 410 U.S. 113 (1973) (striking down restrictive state abortion laws).
13.
Planned Parenthood v. Casey, 505 U.S. 833 (1992) (setting the “undue burden” test for access to abortion).
14.
Gonzales v. Carhart, 550 U.S. 124 (2007) (upholding the Partial-Birth Abortion Ban Act of 2003).
15.
WeissB., “RU 486: The Progesterone Antagonist,”Archives of Family Medicine2, no. 1 (January 1993): 63–69.
16.
GlasierA., “Mifepristone (RU 486) Compared with High-Dose Estrogen and Progestogen for Emergency Postcoital Contraception,”New England Journal of Medicine327, no. 15 (October 8, 1992): 1041–1044.
17.
PeyronR., “Early Termination of Pregnancy with Mifepristone (RU 486) and the Orally Active Prostaglandin Misoprostol,”New England Journal of Medicine328, no. 21 (May 27, 1995) 1509–1513; see also El-RafaeyH., “Induction of Abortion with Mifepristone and Oral or Vaginal Misoprostol,”New England Journal of Medicine332, no. 15 (April 13, 1995): 983–987, at 986.
18.
I originally made this proposal at the American Association of Bioethics Meeting in San Francisco, November 21, 1996. See LombardoP. A., “Legal Limits on Reproductive Rights: Unlocking the Pharmacy.”
19.
PrescottH. M., The Morning After: A History of Emergency Contraception in the United States (New Brunswick, NJ: Rutgers University Press, 2011).
20.
Tummino v. Hamburg, 936 F.Supp.2d 198 (E.D. New York, May 10, 2013).
21.
WeitzT.A., “Safety of Aspiration Abortion Performed by Nurse Practitioners, Certified Nurse Midwives, and Physician Assistants under a California Legal Waiver,”American Journal of Public Health103, no. 3 (March, 2013): 454–461.
22.
WeitzT.A. note that the term “aspiration abortion” is a more accurate term than “surgical abortion” for common first trimester abortions, which do not meet the standard definition of surgery, see also WeitzT. A., “‘Medical’ and ‘Surgical’ Abortion: Rethinking the Modifiers,”Contraception69, no. 1 (2004): 77–78.
