Law Review: How the Growing Recognition of a Fetus’ Right to Life Takes the Constitutionality Out of RoePro [Whose] Choice: How the Growing Recognition of a Fetus’ Right to Life Takes the Constitutionality Out of Roe (An excerpt is below. To view the full text, please use Westlaw, Lexis, a law library or alternative source.) This Comment will argue that recent trends in legislation and modern scientific development call for the fulfillment of Roe’s own acknowledgement that the right to life will ‘collapse’ the right to an abortion. Part I lays out the history of abortion jurisprudence, from the cases predating Roe, the Roe decision itself, and finally the cases following Roe. Part II establishes the widespread acceptance of fetal humanity and rights in both science and law, as well as the likelihood that abortion jurisprudence is ripe for upheaval. Part III then calls attention to the unavoidable competing interests of mother and child which the Court must address, as well as preliminary solutions anticipated by others. Part IV concludes that, when weighing these conflicting interests, the right to life must prevail over the right to an abortion.
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