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Keeping Abortion Clinics Open: The Importance of Ragsdale v. Turnock in the Post-Casey Era
Authors:Susan Gluck Mezey  Raymond Tatalovich  Michael Walsh
Institution:Susan Gluck Mezeyis a Professor of Political Science at Loyola University Chicago. Her teaching and research interests include constitutional law, judicial process, judicial-legislative relations, administrative law, and women and law. Her articles have appeared in Journal of Politics, Western Political Quarterly, American Politics Quarterly, International and Comparative Law Quarterly, Rutgers Law Review, Publius, Women and Politics, and Policy Studies Journal.;Raymond Tatalovich is Professor of Political Science at Loyola University Chicago. His areas of specialization are the presidency, executive branch, public poIicy analysis, and Congress. Among his authored works areThe Politics of Abortion (Praeger, 1981) andpresidential Power in the United States (Brooks/ Cole, 1984).;Michael Walsh is a graduate of the University of Kentucky, and received his law degree from Ohio State University in 1988. He was in private practice from 1988 to 1990 when he began his degree work at Loyola. Mr. Walsh is a graduate student at Loyola University Chicago.
Abstract:In 1973, Roe v. Wade constitutionalized a woman's right to an abortion. But, while Roe removed most legal obstacles to abortion, it did not address the limited availability of abortion services in the nation. The case examined here, Ragsdale v. Turnock, revolved around an Illinois statute that imposed far-reaching restrictions on abortion clinics, the site of most U.S. abortions since Roe. The crucial role of clinics in providing abortion services explains why the dispute represented by Ragsdale had the potential for an enormous impact on legalized abortion in the United States. Because of the number of women affected, the Ragsdale litigation could have led to the most significant judicial ruling since Roe. The suit resulted in a settlement in which plaintiffs secured the right to a legal clinic abortion during the first 18 weeks of pregnancy. Although the case was settled to the satisfaction of pro-choice advocates, a similar law today might well survive constitutional scrutiny.
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