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CUNY School of Law

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Tuesday, October 30, 2012

Opinion Piece Challenging Purported Appeals to Science in Support of "Fetal Pain" Abortion Bans

The New York Times - Opinionator:  Can Neuroscience Challenge Roe v. Wade?, by William Egginton:

When I was asked this summer to serve as an expert witness in an appellate case that some think could lead to the next Supreme Court test of Roe v. Wade, I was surprised.

Rick Hearn is the attorney representing Jennie McCormack, an Idaho woman who was arrested for allegedly inducing her own abortion using mifepristone and misoprostol — two F.D.A.-approved drugs, also known as RU-486 — and for obtaining the drugs from another state over the Internet. While the case against Ms. McCormack has been dropped for lack of evidence, Mr. Hearn, who is also a doctor, is pursuing a related suit against an Idaho statute, the “Pain-Capable Unborn Child Protection Act” (Idaho Code, Section 18-501 through 18-510), and others like it that cite neuroscientific findings of pain sentience on the part of fetuses as a basis for prohibiting abortions even prior to viability. . . . 

http://lawprofessors.typepad.com/reproductive_rights/2012/10/will-fetal-pain-statutes-bring-the-next-abortion-related-supreme-court-challenge.html

Abortion, Abortion Bans, Bioethics, Fetal Rights, Science | Permalink

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