The Journal of Law, Medicine & Ethics, Vol. 39, 2011
14 Pages Posted: 11 Apr 2011 Last revised: 13 Dec 2011
Date Written: April 8, 2011
Can a U.S. state prohibit pre-viability abortions on the basis of concern of pain to fetuses?
Given that legislation in Nebraska purports to do, and the fact that similar are efforts now working through the legislative process in Alabama, Arkansas, Florida, Georgia, Idaho, Indiana, Iowa, Kansas, Minnesota, Oklahoma, and soon perhaps other states, the question is a pressing one.
In this short paper for the leading peer-reviewed law and medicine journal, we are the first to comprehensively examine these efforts to prohibit early abortion based on concerns about fetal pain from a constitutional, medical, and bioethical perspective.
Keywords: Abortion, Fetal Pain, Constitutional Law, Fetus, Viability, Bioethics
Suggested Citation: Suggested Citation
Cohen, I. Glenn and Sayeed, Sadath, Fetal Pain, Abortion, Viability and the Constitution (April 8, 2011). The Journal of Law, Medicine & Ethics, Vol. 39, 2011; Harvard Public Law Working Paper No. 11-26. Available at SSRN: https://ssrn.com/abstract=1805904
By Jack Balkin