Academic journal article Issues in Law & Medicine

Preface

Academic journal article Issues in Law & Medicine

Preface

Article excerpt

This edition features an article by David L. Rosenthal, J.D., which chronicles Supreme Court jurisprudence on abortion and examines how the current circuit split surrounding FDA-protocol legislation on medicinal abortions fits within the larger framework. It applies the proper version of the undue burden test to FDA-protocol legislation, which resolves the circuit split and provides lower courts with a clear means of analyzing abortion issues moving forward.

The second article in this edition, by attorney Paul Benjamin Linton, attempts to determine, first, whether emergency exceptions in statutes regulating abortion have been abused and, second, whether the standard used in such an exception - subjective or objective - makes a difference in the reported incidence of such emergencies. A review of the statistical data supports two conclusions. First, physicians who perform abortions and have complied with state reporting requirements have not relied upon the medical emergency exceptions in state abortion statutes to evade the requirements of those statutes. Second, the use of an objective standard for evaluating medical emergencies ("reasonable medical judgment") has not been associated with fewer reported emergencies (per number of abortions performed) than the use of a subjective standard ("good faith clinical judgment"). …

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