WHO DECIDES? WHO DECIDES? The Abortion Rights of Teens J. Shoshanna Ehrlich Foreword by Sarah Weddington Reproductive Rights and Policy Judith Baer, Series Editor Library of Congress Cataloging-in-Publication Data Ehrlich, Shoshanna. Who decides? : the abortion rights of teens / J. Shoshanna Ehrlich. p. cm.—(Reproductive rights and policy) Includes bibliographical references and index. ISBN 0–275–98321–8 1. Abortion—Law and legislation—United States. 2. Pregnant school- girls—Legal status, laws, etc.—United States. 3. Pregnancy, Unwanted— United States—Decision making. 4. Teenage pregnancy—United States. I. Title. II. Series. KF9315.E36 2006 342.7308'4—dc22 2005037080 British Library Cataloguing in Publication Data is available. Copyright © 2006 by J. Shoshanna Ehrlich All rights reserved. No portion of this book may be reproduced, by any process or technique, without the express written consent of the publisher. Library of Congress Catalog Card Number: 2005037080 ISBN: 0–275–98321–8 First published in 2006 Praeger Publishers, 88 Post Road West, Westport, CT 06881 An imprint of Greenwood Publishing Group, Inc. www.praeger.com Printed in the United States of America ∞ TM The paper used in this book complies with the Permanent Paper Standard issued by the National Information Standards Organization (Z39.48–1984). 10 9 8 7 6 5 4 3 2 1 This book is lovingly dedicated to my daughter, Emma Stoskopf-Ehrlich, and to the memory of my mother, Shelley Ehrlich. Contents Foreword by Sarah Weddington ix Series Foreword by Judith Baer xi Preface xiii Acknowledgments xv 1 A Crime No Longer: Roe v. Wade and the Constitutional Right of Choice 1 2 Young Women and the Constitutional Right of Choice 33 3 (Mis)constructing Adolescent Reality: Bellotti v. Baird Reconsidered 49 4 In Their Own Words 71 5 Facing an Unplanned Pregnancy: The Abortion Decision 83 6 Parents or the Judge? 107 7 Child or Adult? The Indeterminate Legal Status of Adolescents 139 viii Contents Conclusion 157 Notes 161 Resources 197 Index 201 Foreword P rofessor Shoshanna Ehrlich has written a timely book in ”Who Decides?: The Abortion Rights of Teens.” It is organized and composed with the skill of a great artist. The book is fresh and thought provoking. It presents the voices of young women recalling why they chose to have an abortion as well as why they chose not to discuss this decision with their parents. Since we, the readers, do not have that opportunity, Professor Ehrlich gives us a rare insight into those deliberations and thought processes. The inconsistencies and uncertainties of the current legal regard for the decisions of minors are startling for those who do not deal with those issues on a day-to-day basis. The book raises valuable questions about what a more appropriate approach would be and offers useful suggestions toward that end. I recommend this book to anyone interested in abortion law and policy as well as the rights of teens. From the book’s beginning pages the reader gains an understanding of “how we got where we are” in the U.S. regarding the law of abortion and then spotlights the struggle to ensure that young women also have a meaningful right of choice. It should be read by anyone who is involved in or wishes to understand more about the current battle to preserve a woman’s right to abortion. We are now experiencing what feel like the early tremors of a coming earth- quake set off by the changing membership of the U.S. Supreme Court. Will R oe
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