Roe v Nebbia: Could Roe Be in Constitutional Jeopardy?

R. Morris Coats, Nicholls State University
Victor Parker, North Georgia College and State University
Shane Sanders, Nicholls State University
Bhavneet Walia, Nicholls State University

Abstract

This study provides a positive analysis of abortion price regulation. Given Court precedent on the issues of abortion and state price regulation, the implementation of an abortion price control would create a potential legal conundrum. The price of abortion best meeting a state’s needs may affect incidence of legal abortion as would a direct market limitation or ban. Abortion price controls are evaluated with respect to relevant issues of liberty and confiscation. Given the Court's allowance of abortion as a marketable service allocated by a (restrictive) price mechanism, it is ambiguous and confounding that a state-controlled abortion price would present a “substantial obstacle” to liberty. Provided the mobility of medical resources and a state's option to refrain from producing abortion services, it is further unnecessary that said price control would follow a confiscatory motive. The duality of abortion as market service and moral issue, and the legislative and judicial complexity thereof, is discussed.