Prenatal Caretaking: Limits of State Intervention with and Without Roe

57 Pages Posted: 25 Jun 2012 Last revised: 23 Sep 2015

See all articles by Sharon E. Rush

Sharon E. Rush

University of Florida Levin College of Law

Date Written: Winter 1987

Abstract

With or without Roe, difficult questions regarding the state's role in prenatal caretaking remain. Unless the Supreme Court addresses the assumptions underlying the abortion controversy, overruling Roe would not resolve the problem of allocating decisionmaking responsibility between the woman and the state during the woman's pregnancy. Fundamental constitutional questions about life and death, parental authority over the fetus, and the scope of the woman's right of privacy outside of abortion have not been answered by the Supreme Court.

Keywords: abortion, Roe v. Wade, privacy, pregnancy, fetus

JEL Classification: K19

Suggested Citation

Rush, Sharon E., Prenatal Caretaking: Limits of State Intervention with and Without Roe (Winter 1987). Florida Law Review, Vol. 39, No.1, 1987, Available at SSRN: https://ssrn.com/abstract=2091512

Sharon E. Rush (Contact Author)

University of Florida Levin College of Law ( email )

P.O. Box 117625
Gainesville, FL 32611-7625
United States

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