Abstract
This essay briefly explores this relationship between the understandings—existing and potential—of the right to “life” and the role of medical authority in constitutional abortion rights litigation. It proceeds as follows. Part I describes the dichotomy between two different understandings of “life” in U.S. legal discourse, with a particular focus on cases dealing with the so-called “right to die.” Part II then explains why this dichotomy is relevant in the post-Dobbs abortion rights context, as it holds the promise of an alternate path to protection for abortion rights at the federal and state levels. Part II also discusses how and why abortion litigation both before and after Dobbs has relied on a medicalized framing that has worked to undermine this promise. Part III considers possible ways forward.
Keywords
Medical authority, Right to "Life, " Constitutional Law, Right to Die
Publication Date
2024
Document Type
Article
Publication Information
104 Boston University Law Review Online 67 (2024)
Repository Citation
Hill, B. Jessie, "Medical Authority and the Right to Life" (2024). Faculty Publications. 2320.
https://scholarlycommons.law.case.edu/faculty_publications/2320
