Footnote Conflict on ‘Pregnant Woman’

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Footnote 2 in Judge Martha Craig Daughtrey’s majority opinion (joined by Judge Karen Nelson Moore) in Sixth Circuit panel’s divided ruling last Friday in Memphis Center for Reproductive Health v. Slatery:

We use the word “patient” or “person” instead of “woman” where possible, to be inclusive of transgender and non-binary individuals, who also can become pregnant.

Footnote 3 in Fifth Circuit’s unanimous per curiam opinion (Judge Edith H. Jones, Judge Stuart Kyle Duncan, and Judge Kurt Engelhardt) last Saturday in Whole Woman’s Health v. Jackson:

The district court felt moved to “note that people other than those who identify as ‘women’ may also become pregnant and seek abortion services.” This notion, whatever it might mean, ignores that the law applies only to “an abortion on a pregnant woman.” [Citations omitted.]

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