Reproductive Rights Litigation May Spawn New Claim for Thwarting Ability to Have Child
BNA’s Health Law Reporter, Peyton M. Sturges (ed.), Vol. 25, No. 25, June 23, 2016
3 Pages Posted: 26 Sep 2016 Last revised: 7 Oct 2016
Date Written: June 23, 2016
The landmark abortion decision in Whole Woman's Health v. Hellerstedt eclipsed quieter reproductive rights news out of the Supreme Court at the end of its term. It involves a couple's claim that the Tennessee Supreme Court violated their equal protection rights by refusing to recognize "disruption of family planning as either an independent cause of action or element of damages." You won't have heard about this case. It wasn't a merits judgment, but a decision not to decide. The Court's denial of certiorari in Rye v. Women's Care Center of Memphis has gone all but unremarked. It shouldn't. This article discussing the case incorporates insights from Professor Dov Fox, whose article entitled "Reproductive Negligence" (forthcoming in Columbia Law Review) elaborates on the significance of wrongdoing that imposes, deprives, and confounds procreation.
Keywords: Assisted reproduction, protection rights, medical malpractice, equal protection, Rye v. Women's Care Center
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