The Indiana Supreme Court, however, ruled that the
Eighth Amendment had yet to be applied to the states, unlike much of the rest of the Bill of Rights.
"When news of your death broke in 2012, the urgent call to action from Irish activists reverberated around the world - repeal the
eighth amendment of the Irish constitution."
If the electorate votes to repeal the
eighth amendment, it would allow the Irish government to legislate on terminations.
"We are here today to say the
Eighth Amendment isn't working - it puts doctors in a constitutional straitjacket which holds us back from providing proper care to our patients.
Voters will be asked on May 25 whether they want to repeal the
Eighth Amendment of the Constitution, which makes abortion illegal in all but exceptional circumstances.
THE REFERENDUM: Voters in the Republic of Ireland will decide on whether to remove the
Eighth Amendment to the Irish Constitution that prohibits abortion.
The committee chair, Senator Catherine Noone, recognized the groundwork of the Citizens' Assembly on the
eighth amendment, saying, "What is clear to me is that two inclusive processes--one made up of citizens, the other of politicians--have now concluded their deliberations and have both recommended a change in our constitution, some access to terminations and a greater focus on women's health and experience." The report will be debated by the Oireachtas in the next legislative session, and Ireland will hold a referendum in summer 2018 on whether to repeal the
eighth amendment.
In the late twentieth century, the Supreme Court largely restricted constitutional sentencing law to capital cases, proclaiming that under the
Eighth Amendment, "death is different." (1) But, since the turn of the century, the Court has revolutionized noncapital sentencing as well.
Contrary to Professor Frank Bowman's claim, the Court's recent
Eighth Amendment cases are not a judicial revolution seeking to curb the power of legislatures.
(2) In Estelle, the Court held that "deliberate indifference" to a convicted prisoner's "serious medical needs" violates the
Eighth Amendment's ban on cruel and unusual punishment.
And various aspects of the death penalty have been challenged as a violation of the
Eighth Amendment's ban on cruel and unusual punishment.