Amicus Brief
Amicus Brief
Amicus Brief
v.
JUNE MEDICAL SERVICES L.L.C., ET AL.
CLAUDIA HAMMERMAN
Counsel of Record
AUDRA J. SOLOWAY
ALEXIA D. KORBERG
TANYA S. MANNO MELINA MENEGUIN LAYERENZA
PAUL, WEISS, RIFKIND, PAUL, WEISS, RIFKIND,
WHARTON & GARRISON LLP WHARTON & GARRISON LLP
2001 K Street NW 1285 Avenue of the Americas
Washington, DC 20006 New York, NY 10019
(202) 223-7300 (212) 373-3000
chammerman@paulweiss.com
TABLE OF CONTENTS
Page
Interest of Amici Curiae .............................................................. 1
Summary of Argument ................................................................ 3
Argument....................................................................................... 4
I. Multiple Generations of Women Have Relied
on Abortion Access to Assert Control over
Their Bodies and Lives ................................................... 4
II. Safe and Legal Access to Abortion Has Been
Critical to the Personal and Professional Lives
of Legal Professionals Like Amici ................................. 5
A. Amici Obtained Their Abortions
for Diverse Reasons .................................................. 5
1. Breaking The Cycle of
Teenage Parenthood ..................................... 7
2. Continuing Their Education .......................... 8
3. Escaping Abuse ............................................. 9
4. Fetal Health ................................................ 11
5. Maternal Health .......................................... 12
B. Amici’s Abortions Played a Profound Role
in Their Personal and Professional Lives ............. 15
III. Abortion Has Expanded Access
to the Legal Profession ................................................. 17
IV. Amici’s Experiences Speak to the Impact of
Abortion Restrictions Across Time and Geography .. 20
V. Amici’s Stories Illustrate the Necessity of
Third-Party Standing for Abortion Providers ........... 25
Conclusion ................................................................................... 32
Appendix: List of Amici—368 People in the
Legal Profession Who Have Exercised Their
Constitutional Right to an Abortion.................................. A1
(I)
II
TABLE OF AUTHORITIES
Cases:
Carey v. Population Servs., Int'l,
431 U.S. 678 (1977) ............................................................ 6
Lawrence v. Texas, 539 U.S. 558 (2003) ............................... 4
Michael M. v. Superior Court of Sonoma Cty.,
450 U.S. 464 (1981) ............................................................ 7
Planned Parenthood of Se. Pa. v. Casey,
505 U.S. 833 (1992) ................................................. passim
Roe v. Wade, 410 U.S. 113 (1973) ............................... passim
Whole Woman’s Health v. Hellerstedt,
136 S. Ct. 2292 (2016) ............................................. passim
Statutes:
La. Rev. Stat. § 40:1061.10 ......................................... passim
La. Rev. Stat. § 40:1061.17 B(3) .......................................... 12
Tex. Health & Safety Code § 171.012(a)(4) ....................... 21
Court Filings:
Amicus Br. of Am. Coll. Of Obstetricians &
Gynecologists et al., Whole Woman’s Health v.
Hellerstedt, 136 S. Ct. 2292 (2016) (No. 15-274) ........... 23
Amicus Br. of Janice Macavoy et al.,
Whole Woman’s Health v. Hellerstedt,
136 S. Ct. 2292 (2016) (No. 15-274) ................................ 25
Other Authorities:
Ancient History Sourcebook: The Code of the
Assura, c. 1075 B.C.E., Fordham University,
https://sourcebooks.fordham.edu/ancient/1075ass
yriancode.asp (last visited Nov. 30, 2019) ..................... 20
Amelia R. Miller, The Effects of Motherhood
Timing on Career Path, 24 J. Population
Econ. 1071 (2011) ............................................................ 15
III
Other Authorities—continued:
Am. Bar Ass’n, A Current Glace at Women
in the Law (Apr. 2019) .................................................... 17
Stacy Caplow & Shira A. Scheindlin, “Portrait
of a Lady”: The Woman Lawyer in the 1980s,
35 N.Y. L. Sch. L. Rev. 391 (1990) ................................. 17
Danielle Keats Citron, Cyber Civil Rights,
89 B.U. L. Rev. 61 (2009) ................................................ 29
Linda Greenhouse & Reva B. Siegel,
The Unfinished Story of Roe v. Wade,
in Reproductive Rights and Justice Stories 53
(Melissa Murray, Katherine Shaw,
Reva B. Siegel eds., 2019) ........................................ 20, 25
Guttmacher Inst., Fact Sheet: Induced Abortion in
the United States (2019) ............................................... 2, 7
INTEREST OF AMICI CURIAE
Amici curiae 1 are current, former, and future
members of the legal community who had abortions and
have contributed to the legal field in myriad capacities,
including as equity partners of the largest firms in the
country, counsel to Fortune 100 companies, appointed and
career officials in state government, and employees of all
three branches of the federal government. 2 Amici include
retired judges and a current tribal court justice,
prosecutors and public defenders, public interest
advocates, professors teaching future generations of
lawyers, and a senior attorney with the Department of
Justice. Amici also include current law students,
underscoring the continued importance of the
constitutional right to safe and legal abortion to the rising
generation of lawyers.
Amici have achieved considerable professional
success; among them are former federal and state judicial
clerks, published authors, former editors-in-chief of
leading law journals, recipients of industry awards and
honors, and two MacArthur “Genius” Fellows. Multiple
Amici have argued cases before, or clerked on, this Court,
and several more are members of this Court’s bar.
1
A full list of amici curiae is appended to this brief. Pursuant to
Rule 37.6, Amici certify that no counsel for a party authored this
brief, in whole or in part, and that no person other than amici or
their counsel have made any monetary contributions intended to
fund the preparation or submission of this brief. The parties have
granted blanket consent for the filing of amicus curiae briefs.
2
Amici submit this brief only in their capacities as private citizens.
To the extent an Amicus’s employer is named, it is solely for
descriptive purposes and does not constitute the employer’s
endorsement of the brief or any portion of its content.
(1)
2
3
Although the term “women” is used here and elsewhere, people
of all gender identities may also become pregnant and seek abor-
tion services. Indeed, two Amici are transgender men, and one
Amicus is gender non-binary.
4
Guttmacher Inst., Fact Sheet: Induced Abortion in the United
States 1 (2019), https://www.guttmacher.org/sites/default/files/
factsheet/fb_induced_abortion.pdf (Fact Sheet).
3
ARGUMENT
I. MULTIPLE GENERATIONS OF WOMEN HAVE
RELIED ON ABORTION ACCESS TO ASSERT
CONTROL OVER THEIR BODIES AND LIVES
Respondent asks the Court to revisit the Whole
Woman’s Health decision from just three years ago, and
thus, necessarily, to also reexamine the long line of prec-
edent undergirding that decision’s logic and result.
In cases that implicate previously recognized constitu-
tional liberty interests, as this one does, “individual or so-
cietal reliance on the existence of that liberty cautions
with particular strength against reversing course.” Law-
rence v. Texas, 539 U.S. 558, 577 (2003). In the almost half
century since the Court decided Roe v. Wade, multiple
“generation[s] ha[ve] come of age free to assume Roe’s
concept of liberty in defining the capacity of women to act
in society, and to make reproductive decisions.” Casey,
505 U.S. at 860.
Indeed, for nearly five “decades of economic and social
developments, people have organized intimate relation-
ships and made choices that define their views of them-
selves and their places in society, in reliance on the avail-
ability of abortion in the event that contraception should
fail.” Id. at 856.
Amici are among those people. As one Amicus, a
prominent law professor, put it:
I write because I want the Court to know how
access to safe and legal abortion made my law
career possible and changed my life.
Until recently, I thought access to safe and le-
gal abortion in this country would never end. It
seemed self-evident that women should be able
to control what happens to their bodies and, as
5
5
Fact Sheet 1.
8
6
Louisiana law requires women to make two separate trips to the
clinic, separated by at least 24 hours. La. Rev. Stat.
§ 40:1061.17(B)(3).
12
7
Indeed, research shows that the ability to control reproductive
decisions, engage in family planning, and delay childbirth facili-
tates increased earnings and career success; one study estimated
that delaying motherhood can yield 9% higher earnings per year.
See Amelia R. Miller, The Effects of Motherhood Timing on Ca-
reer Path, 24 J. Population Econ. 1071, 1071 (2011).
16
8
See Stacy Caplow & Shira A. Scheindlin, “Portrait of a Lady”:
The Woman Lawyer in the 1980s, 35 N.Y. L. Sch. L. Rev. 391,
396 n.13 (1990).
9
Am. Bar Ass’n, A Current Glace at Women in the Law 4 (Apr.
2019), https://www.americanbar.org/content/dam/aba/adminis-
trative/women/current_glance_2019.pdf.
10
Id. at 2.
18
11
See, e.g., Ancient History Sourcebook: The Code of the Assura, c.
1075 B.C.E., Fordham University, at I.52, https://source-
books.fordham.edu/ancient/1075assyriancode.asp.
12
For a description of the risks of illegal abortion and its disparate
impact on communities of color and other vulnerable populations,
see Linda Greenhouse & Reva B. Siegel, The Unfinished Story
of Roe v. Wade, in Reproductive Rights and Justice Stories 53,
55 (Melissa Murray, Katherine Shaw, Reva B. Siegel eds., 2019)
(Greenhouse & Siegel).
21
13
The law required at least 24 hours between appointments for pa-
tients living within 100 miles of an abortion facility. Tex. Health
& Safety Code § 171.012(a)(4).
22
14
Amicus Br. of Am. Coll. Of Obstetricians & Gynecologists et al.
at 6, Whole Woman’s Health v. Hellerstedt, 136 S. Ct. 2292 (2016)
(No. 15-274).
15
Id. at 7 n.10.
24
18
See Danielle Keats Citron, Cyber Civil Rights, 89 B.U. L. Rev.
61, 64–66 (2009) (describing the rise of internet hostility and har-
assment towards vulnerable groups, including women).
30
Respectfully submitted.
CLAUDIA HAMMERMAN
AUDRA J. SOLOWAY
ALEXIA D. KORBERG
TANYA S. MANNO MELINA MENEGUIN LAYERENZA
PAUL, WEISS, RIFKIND, PAUL, WEISS, RIFKIND,
WHARTON & GARRISON LLP WHARTON & GARRISON LLP
2001 K Street NW 1285 Avenue of the Americas
Washington, DC 20006 New York, NY 10019
(202) 223-7300 (212) 373-3000
chammerman@paulweiss.com
DECEMBER 2019
APPENDIX
A1
Anonymous Anonymous
Senior Attorney with the J.D. Candidate from Texas
U.S. Department of Justice
Jana Zimmer
Attorney, Government
Relations Consulting