Fetal Pain, Abortion, Viability and the Constitution
I. Glenn Cohen
Harvard Law School
Harvard Medical School
April 8, 2011
The Journal of Law, Medicine & Ethics, Vol. 39, 2011
Harvard Public Law Working Paper No. 11-26
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.
Number of Pages in PDF File: 14
Keywords: Abortion, Fetal Pain, Constitutional Law, Fetus, Viability, Bioethics
Date posted: April 11, 2011 ; Last revised: December 13, 2011