More Thoughts on the Physician’s Constitutional Role in Abortion and Related Choices

25 Pages Posted: 6 Aug 2019

See all articles by Susan Frelich Appleton

Susan Frelich Appleton

Washington University in St. Louis - School of Law

Date Written: July 31, 2019

Abstract

This sequel to a 1985 article pursues the idea that the doctor rather than the woman seeking the abortion stands at the center of the Court’s cases protecting a constitutional right to abortion. How does this idea play out in a range of more particularized contexts? The essay concludes that recentering the analysis to focus on the woman, decoupled from the doctor, would help resolve questions posed by special informed consent requirements for abortion, the advent of medication abortion, restrictions on fetal tissue transplantation, nonconsensual Caesarian deliveries, and limitations on access to assisted reproductive technologies.

Keywords: Liberty, Women, Consent, Medication Abortion, Fetal Tissue, ARTs

Suggested Citation

Appleton, Susan Frelich, More Thoughts on the Physician’s Constitutional Role in Abortion and Related Choices (July 31, 2019). 66 Wash. U. L.Q. 499 (1988); Washington University in St. Louis Legal Studies Research Paper No. 19-07-08. Available at SSRN: https://ssrn.com/abstract=3430768

Susan Frelich Appleton (Contact Author)

Washington University in St. Louis - School of Law ( email )

Campus Box 1120
St. Louis, MO 63130
United States

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