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Fetal Pain, Abortion, Viability and the Constitution

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2011

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Wiley-Blackwell for the American Society of Law, Medicine & Ethics
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I. Glenn Cohen & Sadath Sayeed, Fetal Pain, Abortion, Viability and the Constitution, 39 J.L. Med. & Ethics 235 (2011).

Abstract

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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Abortion, Fetal Pain, Constitutional Law, Fetus, Viability, Bioethics

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