april cherry

Cleveland State University, College of Law, Faculty Member

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Professor Cherry earned her undergraduate degree in history at Vassar College, where she graduated with both general and departmental honors. She earned her law degree from the Yale Law School. At Yale, Prof. Cherry was a Senior Editor of the Yale Law Journal. Before joining Cleveland-Marshall College of Law in 1999, Professor Cherry was an Assistant Professor at Florida State University College of Law from 1992-1999 and a judicial clerk for Judge Judith Rogers on the D.C. Court of Appeals.Although she teaches in a variety of areas, her research is focused on women, reproductive rights, and ethics. She has published extensively on issues concerning the regulation of pregnancy and pregnant women, and the law and ethics of newer reproductive technologies. Her work can be found in various academic journals, including in the Journal of Law and Health, University of Pennsylvania Journal of Law and Social Change, University of Pennsylvania Journal of Constitutional Law, Columbia Journal of Gender and Law, Tennessee Law Rev, Oregon Law Review, Texas Journal of Women and the Law, and Wisconsin Women’s Law Journal.

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State Legislation Imposing Civil and Criminal Sanctions on Expectant Mothers in an Effort to Protect the Fetus

The link at the above right is to the Mediasite video of this presentation. Professor Cherry\u27s... more The link at the above right is to the Mediasite video of this presentation. Professor Cherry\u27s presentation begins at 1:51:42 and ends at 2:30:10. (For best results, view using the Firefox browser) Professor Cherry’s presentation will examine the concept of “maternal deviance” as state legislatures and courts impose civil and criminal penalties on expectant mothers in the interest of protecting the fetus. Her presentation will explore the connection between the “compelling state interest in the fetus” rhetoric, feticide statutes, and the image of maternal orthodoxy that leads us to criminalize the behavior of pregnant women, regardless of mental illness

$Research paper thumbnail of Roe\u27s Legacy: The Nonconsensual Medical Treatment of Pregnant Women and Implications for Female Citizenship$

Roe\u27s Legacy: The Nonconsensual Medical Treatment of Pregnant Women and Implications for Female Citizenship

up to a situation in which more women are spending more years of their lives outside marriage and... more up to a situation in which more women are spending more years of their lives outside marriage and without direct dependence on men, focused on activities other than domesticity and childrearing."); Sylvia A. Law, Rethinking Sex and the Constitution, 132 U. PA. L. REV. 955, 1017 (1984) ("[R]estricting access to abortion dramatically impairs the woman's capacity for individual selfdetermination."). However, access to abortion continues to be restricted for many women as a result of their poverty and the constitutionality of state and federal denials of funds for abortion. See, e.g., Harris v. McRae, 448 U.S. 297, 316 (1980) (upholding the Hyde Amendment restricting federal funds for abortions for indigent women); Maher v. Roe, 432 U.S. 464, 474 (1977) (holding that states need to allocate funds to pay for abortions for indigent women). JOURNAL OF CONSTITUTIONAL LAW historical second-class status. 3 As Rosalind Petchesky notes, changes concomitant with the Court's decision in Roe also occurred in women's social and political status. These changes included a "new range of social conditions that redefined the terms of a 'normal life' for women. 5 Even the Court, in Planned Parenthood v. Casey, took note of the importance of abortion to women's equality, stating that "[t]he ability of women to participate equally in the economic and social life of the Nation has been facilitated by their ability to control their reproductive lives." 6 Nevertheless, and perhaps surprisingly, Roe's holding has in some ways led to the derogation of women's choices, women's autonomy, and, consequently, women's citizenship. Courts have used the Supreme Court's holding in Roe, articulating the state's compelling interest in a viable fetus, outside of the abortion context to proscribe pregnant women's health care decision making. 8 For example, both state and federal courts allow treatment of pregnant women when 3 See, e.g., CATHARINE A. MACKINNON, TOWARD A FEMINIST THEORY OF THE STATE 184 (1989) ("Liberals have supported the availability of the abortion choice ... usually on the implicit view that reproductive control is essential to sexual freedom and economic independence."); PETCHESKY, supra note 2, at 292 (arguing that the decision in Roe genuinely reflected a progressive liberal climate, which viewed abortion as a fundamental right). 4 PETCHESKY, supra note 2, at 116. 5 Id.; see also Law, supra note 2, at 981 ("Nothing the Supreme Court has ever done has been more concretely important for women.").

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