an uneasy coexistence becomes more difficult
- Categories
- Article/Artikel
- Magazine Title
- Hastings Women's Law Journal
- Magazine Year
- 2007
- Magazine Number
- 1
- Creator
- Back, Laura E.
- Thesaurus
- abortussen, moorden, strafrecht, rechtspraak, wetgeving, Verenigde Staten
- Description
- Is the difference between abortion and fetal homicide the pregnant woman's choice of the provider's medical license? Reports of a recent Texas case suggest that ever-proliferating fetal homicide laws may be applied to charge non-medical abortion providers with murder. The author argues that although the state has to protect women's health through prohibition of dangerous non-medical abortions, it defies justice to enforce such prohibitions by charging violators with murder of the aborted fetus. The author explores how constitutional limitations on permissible state interests in regulating abortion provide a basis for Eighth Amendment proportionality and due process challenges to this misuse of fetal homicide laws.