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Second-Hand Choice: An Incapacitated Pregnant Woman's Constitutional Right To Choose Abortion, Jill W. Lens
Second-Hand Choice: An Incapacitated Pregnant Woman's Constitutional Right To Choose Abortion, Jill W. Lens
Jill Wieber Lens
Although the Supreme Court has recognized a woman's right to choose abortion, that right assumes that the woman is able to make such a meaningful choice. If incompetent, a court appoints a guardian for a pregnant woman, through which the incompetent woman is able to make decisions. Because the incompetent pregnant woman has a guardian, courts should not also appoint a guardian for the fetus. The appointment of a fetal guardian is unconstitutional because it infringes on the incapacitated woman's ability to exercise her constitutional right to choose abortion. Additionally, the appointment of a fetal guardian would interfere with the …