Partial Birth Biopolitics

DePaul Journal of Health Care Law, Vol. 11, No. 237, 2008

12 Pages Posted: 24 Jun 2008

See all articles by Joshua E. Perry

Joshua E. Perry

Indiana University - Kelley School of Business - Department of Business Law

Abstract

The United States Supreme Court decision in Gonzales v. Carhart upheld the constitutionality of the Partial-Birth Abortion Ban of 2003, despite the law's failure to include an exception for the health of the mother. This paper argues that the Court's decision in Carhart opens new doors for future politicized governmental interference in the lives of patients and their doctors. Those concerned with biopolitics, the use of governmental power to regulate and control the personal and private space of one's health care decisions, have new reasons to be worried about the future of reproductive freedoms and the exercise of clinical medical judgment.

Keywords: abortion, biopolitics, biopower, Foucault, Carhart, regulation, reproductive rights, U.S. Supreme Court

Suggested Citation

Perry, Joshua E., Partial Birth Biopolitics. DePaul Journal of Health Care Law, Vol. 11, No. 237, 2008. Available at SSRN: https://ssrn.com/abstract=1150241

Joshua E. Perry (Contact Author)

Indiana University - Kelley School of Business - Department of Business Law ( email )

Bloomington, IN 47405
United States

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