Andrew B. Coan (University of Wisconsin Law School) has posted Assisted Reproductive Equality: An Institutional Analysis (Case Western Reserve Law Review, Forthcoming) on SSRN. Here is the abstract:
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Should the constitutional right to procreative liberty extend to assisted reproductive technologies? Unlike most commentators to address this question, Radhika Rao appreciates that the answer turns not only on constitutional values but also on the competence of the institutions called upon to carry those values into effect. On that basis, she urges courts to focus on reproductive equality rather than recognizing a broad liberty right or leaving the regulation of assisted reproductive technologies wholly to an unsupervised political process. This brief symposium essay assesses the institutional promise and limitations of Rao’s reproductive equality approach. It is a companion piece to Andrew Coan, The Future of Reproductive Freedom, also available on SSRN.
