Abortion restrictions: the case for conscientious non-compliance on the part of providers.

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ID: 277780
2023
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Abstract
This paper offers a qualified defence of physician non-compliance with antiabortion legislation in the wake of the Supreme Court's decision in Dobbs v. Jackson Women's Health Organization. The paper examines two ethically troubling trends of post-Dobbs legislation: narrow and vague maternal health exemption clauses and mandatory reporting of miscarriages in jurisdictions where patients may criminal prosecution for medically induced abortions. It then examines and defends a professional obligation on the part of physicians to comply with the law. This obligation, however, is defeasible. The paper then argues that physicians' obligations to comply with the law is defeated when the law is illegitimate and following the law would constitute bad medical practice. Finally, it argues that the ethically troubling trends in post-Dobbs antiabortion legislation may meet these criteria.
Reference Key
randall2023abortionjournal Use this key to autocite in the manuscript while using SciMatic Manuscript Manager or Thesis Manager
Authors Randall, Pierce;Mago, Jacob;
Journal Journal of medical ethics
Year 2023
DOI
jme-2023-108964
URL
Keywords
contraception reproductive medicine abortion - induced criminal law ethics- medical

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