The State's Interest in Potential Life.

J Law Med Ethics

Assistant Professor of Law at the University of San Diego School of Law. He received his LL.M. (2013) from Georgetown Law Center (Washington, D.C.); J.D. (2010) from Yale Law School (New Haven, CT); D.Phil. (2007) from Oxford University (Oxford, UK); and A.B. (2004) from Harvard College (Cambridge, MA). His publications appear in leading journals of law and bioethics, and he is a regular contributor to the Huffington Post.

Published: December 2016

Courts have resolved a range of controversies by casual appeal to the state's interest in "potential life" that Roe held capable of overriding even fundamental rights. My analysis of this potential-life interest reveals its use to mean not one but four species of concern. I call these prenatal welfare, postnatal welfare, social values, and social effects and demonstrate how they operate under different conditions and with varying levels of strength.

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http://dx.doi.org/10.1111/jlme.12251	DOI Listing

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