Fetal Pain, Abortion, Viability, and the Constitution
Cohen, I Glenn
The Journal of law, medicine & ethics : a journal of the American Society of Law, Medicine & Ethics 2011 Summer; 39(2): 235-42
In early 2010, the Nebraska state legislature passed a new abortion restricting law asserting a new, compelling state interest in preventing fetal pain. In this article, we review existing constitutional abortion doctrine and note difficulties presented by persistent legal attention to a socially derived viability construct. We then offer a substantive biological, ethical, and legal critique of the new fetal pain rationale.
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