Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Series

Constitutional Law

Law and Gender

University of Missouri-Kansas City School of Law

Publication Year

Articles 1 - 2 of 2

Full-Text Articles in Law

When Patients Are Their Own Doctors: Roe V. Wade In An Era Of Self-Managed Care, Yvonne F. Lindgren Jan 2022

When Patients Are Their Own Doctors: Roe V. Wade In An Era Of Self-Managed Care, Yvonne F. Lindgren

Faculty Works

The Supreme Court in Roe v. Wade framed the abortion right as a right to make the abortion decision in consultation with a “responsible physician.” Under this framing, doctors were cast in the role of medical “gatekeepers” to mediate patient access to abortion. In the ensuing years, the doctor-patient relationship has become the site of restrictive abortion regulations in many states. This Article argues that Roe’s framing suffers from a foundational flaw: While the gatekeeper framing may have been appropriate in the Roe era when abortion was surgical and non-clinical abortions were potentially lethal, today, medication abortion—a two-drug non-surgical regimen …


The Doctor Requirement: Griswold, Privacy, And At-Home Reproductive Care, Yvonne F. Lindgren Jul 2017

The Doctor Requirement: Griswold, Privacy, And At-Home Reproductive Care, Yvonne F. Lindgren

Faculty Works

Supreme Court privacy jurisprudence has traditionally offered greater protection to activities when exercised within the home. This is true in common law as well as across a broad range of constitutional claims. For example, common law privacy identifies the home as a location of solitude and repose, often conceptualized as the “right to be let alone.” Speech, or the right to be free of unwanted messages, is enhanced when the claimant is within the confines of her or his home. Fourth Amendment protections against search and seizure and the notion of the reasonable expectation of privacy are enhanced when the …