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  1. The State's Interest in Potential Life.Dov Fox - 2015 - Journal of Law, Medicine and Ethics 43 (2):345-357.
    Courts have resolved a range of controversies by casual appeal to the state's interest in “potential life” that Roe held capable of overriding even fundamental rights. My analysis of this potential-life interest reveals its use to mean not one but four species of concern. I call these prenatal welfare, postnatal welfare, social values, and social effects and demonstrate how they operate under different conditions and with varying levels of strength.
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  • Legal Discrepancies and Expectations of Women: Abortion, Fetal Therapy, and NICU Care.Naomi Scheinerman & K. P. Callahan - 2023 - Hastings Center Report 53 (2):36-43.
    Over the past several decades in which access to abortion has become increasingly restricted, parents' autonomy in medical decision‐making in the realms of fetal care and neonatal intensive care has expanded. Today, parents can decide against invasive medical interventions at gestational ages where abortions are forbidden, even in cases where neonates are expected to be seriously ill. Although a declared state interest in protecting the lives of fetuses and newborns contributes to justifications for restricting women's autonomy with regards to abortion, (...)
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