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Curtailing Reproductive Freedom Through Choice : = the Informed Consent Doctrine and "Abortion Regret" in U.S. Abortion Regulation.

Record Type:	Language materials, manuscript : Monograph/item
Title/Author:	Curtailing Reproductive Freedom Through Choice :/
Reminder of title:	the Informed Consent Doctrine and "Abortion Regret" in U.S. Abortion Regulation.
Author:	Staschus, Sophie.
Description:	1 online resource (267 pages)
Notes:	Source: Dissertations Abstracts International, Volume: 85-01, Section: B.
Contained By:	Dissertations Abstracts International85-01B.
Subject:	Communication. -
Online resource:	click for full text (PQDT)
ISBN:	9798379781002

Curtailing Reproductive Freedom Through Choice : = the Informed Consent Doctrine and "Abortion Regret" in U.S. Abortion Regulation.
Staschus, Sophie.

Curtailing Reproductive Freedom Through Choice :the Informed Consent Doctrine and "Abortion Regret" in U.S. Abortion Regulation. - 1 online resource (267 pages)

Source: Dissertations Abstracts International, Volume: 85-01, Section: B.

Thesis (Ph.D.)--University of California, San Diego, 2023.

Includes bibliographical references

Before the Dobbs v. Jackson (2022) decision overturned the constitutional right to abortion, the 21st century anti-choice movement was focused on establishing informed consent statutes as a means to discourage or prevent abortions. Often titled "A Woman's Right to Know," these laws require that patients are warned of alleged risks of breast cancer, infertility, and psychological trauma following abortions. In some states, patients must undergo an ultrasound and wait at least 24-hours before receiving an abortion. These statutes have been shown to delay or hinder care.This dissertation is a genealogy of these informational requirements. I analyze how Roe v. Wade (1973) and ensuing abortion jurisprudence in the 1970s enshrined the abortion right in a medicalized framework of abortion access. This framing eschewed feminists' requests that women be solely responsible for deciding when and why to undergo an abortion. Instead, the Court articulated a qualified first-trimester privacy right in which pregnant women were tasked with making a responsible abortion decision in consultation with their physician.Through historical and legislative analysis, this dissertation traces how the medicalized right to abortion enabled the later development of informed consent statutes. The informed consent doctrine ideally seeks to protect patient autonomy from medical paternalism. But the noun "patient" acts as a qualifier that configures someone's autonomy and available choices according to their status as a patient. The doctrine was thus an ideal vehicle for anti-choice efforts to implement restrictions meant to protect abortion patients. It enabled statutes that nominally promoted pregnant women's autonomy, while infusing informational requirements with religious views of well-being that confused motherhood with health. I contend that the discourse of "abortion regret", which produced motherhood as the rational, retroactive, even if foregone choice, legitimized these informational requirements. From Roe onwards, pregnant people were tasked with making responsible abortion decisions in light of their health. Throughout the decades, however, 1) how "women's health" was conceptualized and 2) whether physicians or the State were the rightful shepherds of the abortion decision became battlegrounds for pro- and anti-choice organizing.

Electronic reproduction.
Ann Arbor, Mich. :
ProQuest,
2024

Mode of access: World Wide Web

ISBN: 9798379781002Subjects--Topical Terms:

556422
Communication.
Subjects--Index Terms:

Abortion jurisprudenceIndex Terms--Genre/Form:

554714
Electronic books.

Curtailing Reproductive Freedom Through Choice : = the Informed Consent Doctrine and "Abortion Regret" in U.S. Abortion Regulation.
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504 $a Includes bibliographical references
520 $a Before the Dobbs v. Jackson (2022) decision overturned the constitutional right to abortion, the 21st century anti-choice movement was focused on establishing informed consent statutes as a means to discourage or prevent abortions. Often titled "A Woman's Right to Know," these laws require that patients are warned of alleged risks of breast cancer, infertility, and psychological trauma following abortions. In some states, patients must undergo an ultrasound and wait at least 24-hours before receiving an abortion. These statutes have been shown to delay or hinder care.This dissertation is a genealogy of these informational requirements. I analyze how Roe v. Wade (1973) and ensuing abortion jurisprudence in the 1970s enshrined the abortion right in a medicalized framework of abortion access. This framing eschewed feminists' requests that women be solely responsible for deciding when and why to undergo an abortion. Instead, the Court articulated a qualified first-trimester privacy right in which pregnant women were tasked with making a responsible abortion decision in consultation with their physician.Through historical and legislative analysis, this dissertation traces how the medicalized right to abortion enabled the later development of informed consent statutes. The informed consent doctrine ideally seeks to protect patient autonomy from medical paternalism. But the noun "patient" acts as a qualifier that configures someone's autonomy and available choices according to their status as a patient. The doctrine was thus an ideal vehicle for anti-choice efforts to implement restrictions meant to protect abortion patients. It enabled statutes that nominally promoted pregnant women's autonomy, while infusing informational requirements with religious views of well-being that confused motherhood with health. I contend that the discourse of "abortion regret", which produced motherhood as the rational, retroactive, even if foregone choice, legitimized these informational requirements. From Roe onwards, pregnant people were tasked with making responsible abortion decisions in light of their health. Throughout the decades, however, 1) how "women's health" was conceptualized and 2) whether physicians or the State were the rightful shepherds of the abortion decision became battlegrounds for pro- and anti-choice organizing.
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653 $a Patient autonomy
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