Physician Standing in Abortion Controversies - Abstract
Western law has acknowledged the close relationship between patient and physician since the dawn of recorded history. In the nineteenth century, medical discoveries in the field of embryology exploded the common-law concept of quickening. Consequently, physicians played a key role in the promulgation and implementation of the criminal abortion statutes of the nineteenth century. During that time, physicians also replaced juries of matrons pursuant to a writ de ventre inspiciendo in criminal cases when women were subject to capital punishment. Subsequently, physicians’ professional responsibility was vital to the implementation and application of abortion statutes to individual instances. Clearly, the historical advocacy by physicians for children en ventre sa mere has changed the course of American legal history. The doctor-patient relationship between physicians and children en ventre sa mere has been central in the advancement of legal protection for unborn children, which is historically inseparable
from the advancements in their medical care. As such, the historical and present advocacy by physicians for said children en ventre sa mere, and their fundamental right to life, strongly supports a finding they have Article III third-party standing in federal abortion controversies.