Abuse of Discretion by Clarke D. Forsythe

Author:Clarke D. Forsythe
Language: eng
Format: epub
Publisher: Encounter Books
Published: 2013-08-25T16:00:00+00:00

The Growth of Legal Protection Despite Roe

Roe did not stop the growth that was evident at the time of Roe and reflected in Professor Prosser’s famous statement. Courts soon realized that Roe was limited to abortion and did not limit state protection of the unborn as long as that legal protection did not impede abortion.

FIGURE 7.

Figures 7, 8, and 9 show the progress in legal protection in the areas of prenatal tort law, wrongful death, and fetal homicide since 1972 and the significant movement away from gestational markers to legal protection at any stage of gestational development.

In prenatal tort law, the states generally allow a suit for prenatal injuries at any time of pregnancy.

In wrongful death law, thirty-eight states allow a wrongful death suit for the killing of an unborn child. Ten states allow a wrongful death suit at any time of pregnancy. Since 2004, Texas and Nebraska have extended protection by statute.

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