Question List

Q. Does Roe v. Wade require states to enact any regulations or protections for the rights of unborn children?

No. Under Roe and its progeny, unborn children have no constitutionally protected rights. The Court has held that the federal government (and states) may protect a child from partial-birth abortion.1 The government, however, is not constitutionally required to do so. Today the question of whether the government may enact a meaningful ban on abortion after viability is disputed.2 Even protections for viable unborn children, however, are not constitutionally required under existing precedent.

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