Abortion Court Cases
In 1970, Hodgson performed an abortion on a 23 year old married mother of three children who had contracted rubella, which can cause serious birth defects in the fetus and child. The abortion, a dilation and curettage (D&C), was performed at the St. Paul-Ramsey Hospital (now called Regions Hospital). At the time, abortion was illegal in Minnesota, unless the pregnancy was a threat to the woman's health. Hodgson was charged, pled guilty and was sentenced to 30 days in jail. This was the first time that a licensed physician had been convicted for performing a therapeutic abortion in a hospital. She appealed to the state supreme court which overturned her conviction after the pivotal Roe v. Wade decision by the United States Supreme Court. In response to her lawyer's question during her trial, "Do you regard the fertilized ovum as equivalent to a human person?" Hodgson replied, "No, and most women would not. We are more pragmatic than men, more concerned with reality. I'm concerned with the sacredness of life, but this is only a few embryonic cells." She continued, "We, as physicians, should be concerned with the quality of life as it develops."
In 1981, Hodgson lent her name to a suit (Hodgson v. Minnesota) brought by Planned Parenthood against Minnesota, challenging that state's law requiring that both parents be notified at least 48 hours before a minor has an abortion. When the case was heard in District Court, Hodgson testified that "...one 14-year-old patient, in order to keep her pregnancy private, tried to induce an abortion with the help of her friends by inserting a metallic object into her vagina, thereby tearing her body, scarring her cervix, and causing bleeding. When that attempt failed to induce an abortion, the patient, then four or five months pregnant, finally went to an abortion clinic. Because of the damage to the patient's cervix, doctors had to perform a hysterotomy..." The United States Supreme Court upheld that law in 1990, in part because the law included a 'judicial bypass', allowing a judge to permit the abortion without parental notification. In most cases, judges permit the abortions.
Hodgson was in court again in 1993 as a co-plaintiff in a case in which the judge struck down Minnesota's ban on Medicaid payments for abortions.
Read more about this topic: Jane Elizabeth Hodgson
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