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Journal article
Preserving Minors' Rights after Casey: The "New Battlefield" of Negligence and Strict Liability Statutes
Duke law journal, v 49(1), pp 297-337
01 Oct 1999
Featured in Collection : UN Sustainable Development Goals @ Drexel
Abstract
In this Note, I argue that statutes that would hold abortion providers liable for failing to ensure that their minor patients have actually obtained legal consent are generally unconstitutional. The potential for liability would deter abortion providers from performing abortions on minors. This chilling effect would make it difficult or impossible for minors to obtain abortions, a result that is incompatible with a minor’s constitutional right to choose this medical procedure.
Part I of this Note examines the existing state of the law regarding the right of a minor to obtain an abortion. Part II discusses why the “undue burden” standard articulated by the Supreme Court in Planned Parenthood v. Casey13 is the proper one for lower courts to apply in evaluating the constitutionality of statutes that regulate abortions performed on minors. In Part III, I argue that certain types of statutory and common law tort liability for abortion providers are unconstitutional. The potential for liability would create an unconstitutional chilling effect on the willingness of abortion providers to perform abortions on minors and those who appear to be minors. Statutes creating such a chilling effect, I conclude, work an undue burden on the right to obtain an abortion. Then, in Part IV, I examine and reject the counterargument that refusing to impose liability on abortion providers would effectively make consent statutes unenforceable.
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Details
- Title
- Preserving Minors' Rights after Casey: The "New Battlefield" of Negligence and Strict Liability Statutes
- Creators
- Pammela S. Quinn
- Publication Details
- Duke law journal, v 49(1), pp 297-337
- Publisher
- Duke University School of Law
- Resource Type
- Journal article
- Language
- English
- Academic Unit
- Thomas R. Kline School of Law
- Web of Science ID
- WOS:000084710200004
- Scopus ID
- 2-s2.0-0345985839
- Other Identifier
- 991021866420904721
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- Web of Science research areas
- Law