Beyond Roe: Implications for End-of-Life Decision-Making During Pregnancy.

The end of <em>Roe v. Wade</em> has significant implications for the autonomy of pregnant patients at the end of life. At least thirty states restrict the choice to withhold/withdraw life-sustaining treatments from pregnant patients without decisional capacity, invalidating prior advance directives and prohibiting others from choosing these options for the patient. Many restrictions are based on the <em>Roe</em> framework, applying after "viability" or similar considerations of fetal development or prospect for live birth. Scholars have also relied on the abortion framework, arguing that the restrictions impose an undue burden. The end of <em>Roe</em> will free states from having to craft limited restrictions designed to work around prior abortion jurisprudence. Similarly, advocates will no longer be able to draw support from the abortion framework, forcing them to rely instead on cases supporting rights to autonomy/bodily integrity in medical decision-making.

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Publication Details

Journal
UNC Libraries
Published
2025-02-22
DOI
https://doi.org/10.17615/vq0j-wq90
Primary Topic
Grief, Bereavement, and Mental Health
Type
article
Field-Weighted Citation Impact
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article

Beyond Roe: Implications for End-of-Life Decision-Making During Pregnancy.

Joan H Krause
UNC Libraries
Grief, Bereavement, and Mental Health
article

Beyond Roe: Implications for End-of-Life Decision-Making During Pregnancy.

Joan H Krause
article en

Abstract

The end of <em>Roe v. Wade</em> has significant implications for the autonomy of pregnant patients at the end of life. At least thirty states restrict the choice to withhold/withdraw life-sustaining treatments from pregnant patients without decisional capacity, invalidating prior advance directives and prohibiting others from choosing these options for the patient. Many restrictions are based on the <em>Roe</em> framework, applying after "viability" or similar considerations of fetal development or prospect for live birth. Scholars have also relied on the abortion framework, arguing that the restrictions impose an undue burden. The end of <em>Roe</em> will free states from having to craft limited restrictions designed to work around prior abortion jurisprudence. Similarly, advocates will no longer be able to draw support from the abortion framework, forcing them to rely instead on cases supporting rights to autonomy/bodily integrity in medical decision-making.

UNC Libraries
University of North Carolina at Chapel Hill (US)
Openalex Percentile: Top 63%
Grief, Bereavement, and Mental Health
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Beyond Roe: Implications for End-of-Life Decision-Making During Pregnancy. — Joan H Krause · UNC Libraries (2025) | TGRS Research Map | TGRS