Overruling Roe v. Wade: The Implications for Women and the Law
LIFE AND LEARNING XXVII: Proceedings of the Twenty-Seventh University Faculty for Life Conference (2017)
23 Pages Posted: 29 Jun 2018
Date Written: 2017
This paper addresses two issues that would arise upon the overruling of Roe v. Wade: First, whether pregnant women who self-abort or consent to an abortion performed upon them by a third party would likely be subject to prosecution in those States where abortion was illegal. Second, what the legal status of abortion would be in the States. The paper concludes, in Part I, that, based upon our history and experience women would not be prosecuted for abortion, and in Part II, that the immediate consequences of an overruling decision upon the legality of abortion would be very limited.
Keywords: abortion, constitutional law, legal history
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