TAILIEUCHUNG - Gale Encyclopedia Of American Law 3Rd Edition Volume 1 P4

Gale Encyclopedia of American Law Volume 1 P4 fully illuminates today's leading cases, major statutes, legal terms and concepts, notable persons involved with the law, important documents and more. Legal issues are fully discussed in easy-to-understand language, including such high-profile topics as the Americans with Disabilities Act, capital punishment, domestic violence, gay and lesbian rights, physician-assisted suicide and thousands more. | 18 ABORTION clinic personnel from providing any information about abortion including counseling or referral. The regulations also required that the only permissible response to a request for an abortion or referral was to state that the agency does not consider abortion an appropriate method of planning and therefore does not counsel or refer for abortion. This regulation became known to its detractors as the GAG RULE. The regulations also prohibited Title X-funded family planning clinics from lobbying for legislation that advocated or increased access to abortion and they required that such clinics be physically and financially separate from abortion activities. Although a family planning agency could still conduct abortion-related activities it could not use federal money to fund such activities. Chief Justice william h. rehnquist who wrote the Court s opinion disagreed with the contentions of the plain-tiffs several family planning agencies that the federal regulations violated a woman s due process right to choose whether to terminate her pregnancy. He pointed out that the due process clause generally confers no affirmative right to government aid. The government has no constitutional duty to subsidize abortion and may validly choose to fund childbirth over abortion. Rehnquist noted that a woman s right to seek medical advice outside a Title X-funded agency remained unfettered. Justice Blackmun author of the Roe majority opinion dissented arguing that the regulations because they restricted speech as a condition for accepting public funds violated the First Amendment s free speech provision. The regulations he wrote suppressed truthful information regarding constitutionally protected conduct of vital importance to the listener. Blackmun saw the regulations as improper government interference in a woman s decision to continue or end a pregnancy and he claimed that they rendered the landmark Roe ruling technically intact but of little substance. On January 22 .

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