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Unexpected Consequences: The Constitutional Implications of Federal Prison Policy for Offenders Considering Abortion: Note

The right of federally incarcerated female offenders to have an abortion is examined. Sections of this article include: the current state of prisons and prisoners’ rights -- pregnancies in prison, abortion policy of the Federal Bureau of Prisons (BOP), female offenders retain a legal right to abortion, and procedural due process rights retained by the incarcerated; BOP policy is unconstitutional as applied to pregnant offenders considering abortion -- BOP abortion policies are facially constitutional, application of BOP policy, BOP policies, as applied, fail to meet procedural due process requirements; amending BOP policies to conform to the constitution -- the requirement of timely notice protects time-sensitive abortion rights, and the requirement of an administrative hearing prevents potential coercion; and conclusion. Accession Number: 023774

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