More Thoughts on the Physician’s Constitutional Role in Abortion and Related Choices
66 Wash. U. L.Q. 499 (1988)
25 Pages Posted: 6 Aug 2019
Date Written: July 31, 2019
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
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