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

Abstract

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

Suggested Citation

Pazanowski, Mary Anne, Reproductive Rights Litigation May Spawn New Claim for Thwarting Ability to Have Child (June 23, 2016). BNA’s Health Law Reporter, Peyton M. Sturges (ed.), Vol. 25, No. 25, June 23, 2016. Available at SSRN: https://ssrn.com/abstract=2838540

Mary Anne Pazanowski (Contact Author)

Bloomberg L.P. ( email )

731 Lexington Avenue
New York, NY 10022
United States

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