The legal and medical necessity of abortion care amid the COVID-19 pandemic
Loading...
Files
Authors
Donley, Greer
Chen, Beatrice A.
Borrero, Sonya
Issue Date
2020-04-29
Type
Article
Language
en_US
Keywords
Reproductive Rights , Abortion , Fourteenth Amendment , Constitutional Law , Health Law , Public Health Law , Pandemic Response , Civil Liberties
Alternative Title
Abstract
In response to the COVID-19 pandemic, states have ordered the cessation of non-essential healthcare. Unfortunately, many conservative states have sought to capitalize on those orders to halt abortion care. In this short paper, we argue that abortion should not fall under any state’s non-essential healthcare order. Major medical organizations recognize that abortion is essential healthcare that must be provided even in a pandemic, and the law recognizes abortion as a time-sensitive constitutional right. Finally, we examine the constitutional arguments as to why enforcing these orders against abortion providers should not stand constitutional scrutiny. We conclude that no public health purpose can be served by this application because abortion uses less scarce resources and involves fewer contacts with healthcare professionals than prenatal care and delivery assistance, which is continuing to be provided in this public health emergency.
Description
Citation
Donley, G., Chen, B. A., & Borrero, S. (2020). The legal and medical necessity of abortion care amid the COVID-19 pandemic. Journal of law and the biosciences, 7(1), lsaa013. https://doi.org/10.1093/jlb/lsaa013
Publisher
Journal of Law and the Biosciences