Family Law Prof Blog

Editor: Margaret Ryznar
Indiana University
Robert H. McKinney School of Law

Tuesday, April 12, 2011

Cohen & Sayeed: "Fetal Pain, Abortion, Viability and the Constitution"

I. Glenn Cohen (Harvard) & Sadath Sayeed (Harvard Univ.-Harvard Medical School) have posted "Fetal Pain, Abortion, Viability and the Constitution" (39 The Journal of Law, Medicine & Ethics (2011)) on SSRN.  Here is the abstract:

Can a U.S. state prohibit pre-viability abortions based on concerns about fetal pain?

Given that recent legislation in Nebraska purports to do so, and the fact that similar efforts are now working through the legislative process in Alabama, Arkansas, Florida, Georgia, Idaho, Indiana, Iowa, Kansas, Minnesota, Oklahoma, and other states, the question is a pressing one.

In this short paper for the leading peer-reviewed law and medicine journal, we are the first to comprehensively examine from a constitutional, medical, and bioethical perspective these efforts to prohibit early abortion based on concerns about fetal pain.


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State law makers all across the Bible belt have began are going to continue to push the envelope with regard to adopting conservative, pro-life laws that are designed to protect is a growing trend.

Posted by: Tulsa Divorce Attorney Matt Ingham | Jul 21, 2011 7:16:49 PM

Abortion is now and will continue to be a hot button issue in American society.

Posted by: Oklahoma City Divorce Lawyers | Sep 20, 2011 7:15:54 PM

The issue of abortion is always going to be debated. If prohibiting abortion on the premise of fetal pain doesn't work, pro-lifers are bound to find another reason to try and make it illegal.

Posted by: Kirsten | Nov 12, 2011 8:56:56 AM

I am for "Pro Life". Life is a gift, we must treasure it.

Posted by: Principato Schwab | May 3, 2013 2:01:40 AM

Hope this problem will soon to be solve.

Posted by: Vanwagoner Starling | May 18, 2013 12:05:21 AM

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