Prenatal Caretaking: Limits of State Intervention With and Without Roe

Authors

Sharon E. Rush, University of Florida Levin College of LawFollow

Document Type

Article

Publication Date

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 decision making 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.

Recommended Citation

Sharon E. Rush, Prenatal Caretaking: Limits of State Intervention with and withoutRoe, 39 U. Fla. L. Rev. 55 (1987).