Is There a Constitutional Right to Clone?
Author
Published Version
http://chicagounbound.uchicago.edu/public_law_and_legal_theory/168/Metadata
Show full item recordCitation
Cass R. Sunstein, Is There a Constitutional Right to Clone? (Public Law & Legal Theory Working Papers No. 22, 2002).Abstract
Recent scientific innovations, and proposed legislation, have raised questions about the nature of the constitutional right to reproductive freedom, and in particular about whether there is a constitutional “right to clone.” This essay urges that as a matter of substantive due process, rationality review is probably appropriate, and that restrictions on both reproductive and therapeutic cloning would and should survive constitutional scrutiny. At the same time, many of the arguments for banning both forms of cloning are based on ignorance, myths, and speculation. It is extremely important to distinguish between reproductive and nonreproductive cloning, and it is equally important to distinguish among the various rationales for banning each. Some of those rationales have some, but others, including some of the most influential, are exceedingly weak.Terms of Use
This article is made available under the terms and conditions applicable to Other Posted Material, as set forth at http://nrs.harvard.edu/urn-3:HUL.InstRepos:dash.current.terms-of-use#LAACitable link to this page
http://nrs.harvard.edu/urn-3:HUL.InstRepos:12921750
Collections
- HLS Scholarly Articles [1910]
Contact administrator regarding this item (to report mistakes or request changes)