New Challenge to Florida 'Choose Life' License Plates
The Center for Reproductive Rights filed a case in federal court in January challenging the constitutionality of Florida's "Choose Life" license plate scheme. The Center for Reproductive Rights is seeking a temporary restraining order to block further distribution of the more than $600,000 collected from purchase of the plates.
"This scheme turns the Florida government into a fundraiser for the anti-choice movement," says Brigitte Amiri, the Center for Reproductive Rights attorney who represents the plaintiffs.
While there have been previous unsuccessful challenges to the Florida license plates, this is the first challenge to address the constitutionality of the distribution of funds under the Florida law.
The guidelines of the Florida law, passed in 1999, prohibit money collected from purchase of the "Choose Life" plates from being distributed to any agency "that is involved or associated with abortion activities, including counseling for or referrals to abortion clinics, providing medical abortion-related procedures, or pro-abortion advertising." Therefore, any agency providing counseling free-of-charge to pregnant women is barred from receiving funds if they counsel women about all of their options, including adoption, abortion and keeping the child once it is born; only those agencies who withhold information about abortion are eligible for funds. This type of viewpoint discrimination is in violation of the First Amendment's guarantee of free speech.
In addition, although under the law Florida counties are responsible for the distribution of the funds, some counties have delegated this responsibility to religious organizations such as Catholic Charities, a Roman Catholic organization. By doing so, the Florida government demonstrates a preference for one religion over all others in violation of the Establishment Clause. The Center for Reproductive Rights has also challenged Louisiana's "Choose Life" license plate program.
Plaintiffs in Women's Emergency Network v. Bush include two nonprofit organizations and an individual taxpayer. Brigitte Amiri, Hillary Schwab and Priscilla J. Smith of the Center for Reproductive Rights represent the plaintiffs along with local counsel Louis M. Silber of Silber & Valente.
Mother Seeks Legal Recognition for Posthumously Conceived Twins
In January, the Center for Reproductive Rights appealed the decision of the Social Security Administration (SSA) to deny benefits to five-year-old twins conceived to an Arizona woman after the death of her husband.
The Center for Reproductive Rights filed the lawsuit in the Tucson Division of Arizona District Court against the SSA seeking a reversal of its initial 1996 decision. This lawsuit was filed a week and a half after the Massachusetts Supreme Judicial Court ruled in a similar case that children conceived posthumously can be considered legal heirs.
"The Social Security Administration has flaunted Arizona state law and the requirements of the federal Social Security Act, while denying the legal and constitutional rights of children," stated Hagit Elul, a Center for Reproductive Rights attorney who represents the plaintiff.
Rhonda Gillett-Netting and Robert Netting, a professor at the University of Arizona, were trying to conceive a child when he was diagnosed with multiple myeloma, a form of cancer, in December 1994. During his illness, the couple made the decision to continue with in-vitro fertilization treatments, even in the event of his death. He lost his fight with cancer in February 1995. The twins were conceived after his death and were born August 6, 1996.
Three years after Rhonda Gillett-Netting first filed for benefits, an SSA administrative law judge denied her claims based on his interpretation of Arizona state law. In determining whether an applicant is the "child" of an insured individual, the SSA is required to follow the state laws regarding inheritance. Arizona law states that children are entitled to inherit from their biological parents. In December 2001, Gillett-Netting was informed that the SSA Appeals Council, the highest appeals level with in the administration, had denied her claim. Filing a lawsuit in federal court is the only available option to gain benefits for the children.
Similar cases have been filed in Louisiana, New Jersey, and Massachusetts. Both the New Jersey and Massachusetts state courts have found that posthumously conceived children are entitled to inherit under state law. In the Louisiana case, the children were ultimately awarded the SSA benefits.
Rhonda Gillett-Netting and her children are represented in Gillett-Netting v. Barnhart by Bebe Anderson and Hagit Elul of the Center for Reproductive Rights, and local cooperating counsel Michael Owen Miller of Quarles & Brady Streich Lang LLP in Tucson. The named defendant is Jo Anne B. Barnhart, Commissioner of Social Security.
South Carolina Faces Question of Warrantless Criminal Searches of Pregnant Women for Second Time
In January, the Center for Reproductive Rights argued before the Fourth Circuit Court of Appeals that the Medical University of South Carolina (MUSC) did not obtain consent from its patients, pregnant women, prior to submitting the results of urine tests to local law enforcement officials. Last year, the United States Supreme Court sided with the Center for Reproductive Rights in finding that MUSC's actions violated the Fourth Amendment's search and seizure mandates in the absence of consent, and sent the case back to the lower court to determine if MUSC obtained proper consent of the women.
"In this case, not only did the hospital fail to obtain informed consent, it abused its patients' faith in the privacy of the doctor-patient relationship to obtain evidence for the police," said Priscilla Smith, lead counsel in the case, Ferguson v. City of Charleston, and Acting Director of the Domestic Program of the Center for Reproductive Rights.
The issue before the court is whether MUSC obtained their patients' "knowing consent" prior to testing their urine. Several of the Ferguson plaintiffs testified that the hospital deceived them by using clever strategies. One patient stated that MUSC tricked her into providing urine by telling her that they needed to test her for dehydration. Other plaintiffs received the hospital's general hospital information letters after they had been searched for drugs. The Center for Reproductive Rights maintains that no such consent was either requested or given, rendering MUSC's actions unwarranted searches and seizures under the Fourth Amendment.
In 2000, the Center for Reproductive Rights successfully argued before the U.S. Supreme Court that MUSC's drug testing scheme was dangerous to the women and their children and counterproductive because it deterred women from seeking medical care. In 2001, the U.S. Supreme Court, in a 6-3 decision, found that the scheme violated all American citizens' constitutional rights to privacy when seeking medical treatment.