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The balance between liberty rights and the life of the embryos or fetuses is completely different in the case of cloning, and therefore should tip the balance against the procedure. But in the case of cloning, the discarded embryos (or fetuses) are not discarded in order to keep women from forced motherhood. Third, Roe is premised on the idea that in order to guarantee womenвЂ™s liberty and equality, a painful choice must be made to end the life of the fetus. Indeed, one could argue in precisely the opposite direction: Cloning will lead to selection of boys over girls, or the selection of traits that will reinforce stereotypes that undermine womenвЂ™s equality. The inability to clone babies does not subordinate women. But human cloning doesnвЂ™t substantially contribute to womenвЂ™s equal citizenship. Abortion rights are necessary for women to be equal citizens in American society. Second, Roe is really a case (and should have been originally viewed as a case) about womenвЂ™s equality. Prohibiting the creation of human clones forces no woman to become a mother against her will. But the prohibition on cloning has nothing to do with forced motherhood. Women who get pregnant are subject to the social stigma of putting a child up for adoption, and so they will keep the baby and this will completely change their lives. Wade also be used in an argument against cloning? You bet.ДЇirst, opponents of cloning might point out that Roe is premised on the notion of forced motherhood. (I think the argument could be improved with a bit more effort, but that's a first cut).

ThatвЂ™s how Roe might be used in a very simple argument for cloning. The state may not prohibit cloning because it thinks it immoral it may only legislate to protect health and safety of the DNA donors, the cloned baby, and the gestational mother. But the basic choice whether to use cloning or not, these proponents would say, is beyond the stateвЂ™s power. The state may impose requirements, even stringent requirements, to ensure that the children produced are healthy, and to avoid damage to the gestational mother who carries the cloned baby. To be sure, the proponents of cloning might argue, the right to clone is not absolute. But, the advocates of cloning might say, that is ok because of Roe v. (And some fetuses may be discarded in the process too, if the results go awry later in the process.). The decision to clone is also the decision to end the life of embryos, because it is likely under current technologies that some number of embryos will be discarded in the process of cloning. And even for those who could produce children the old fashioned way but choose not to, Roe still protects that choice.Д«ut Roe is important in another way too. Especially for couples who cannot have children any other way, the right to clone is constitutionally protected. It does not matter whether the method of producing a child is traditional, so the argument goes, because in vitro fertilization does not use traditional methods, and it should equally be protected by Skinner, Roe and Eisenstadt. This is the decision whether or not to bear a child. Prospective parents wish to create new children through cloning. They would use Roe in two different ways. Proponents of cloning could use Skinner, Eisenstadt and Roe to defend the right to clone.

Oklahoma, which held that the state could not sterilize convicts for certain crimes because the right to procreate is fundamental.

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Baird, which tells us that вЂњf the right of privacy means anything, it is the right of the individual, married or single, to be free from unwarranted governmental intrusion into matters so fundamentally affecting a person as the decision whether to bear or beget a child.вЂќ It also builds on Skinner v. Roe is important to this debate, because it is relevant to the constitutionality of any legislation affecting cloning. Congress is currently considering legislation that would ban human cloning. The long run future of Roe as a precedent, however, does not simply concern abortion but also new reproductive technologies like cloning. Wade would be likely to be overturned, although it was quite possible that future Republican judicial appointments would chip away at it severely. In an earlier post, I explained that I did not think that Roe v. University of Chicago Law School Faculty Blog Rothman's Roadmap to the Right of Publicity Reporters Committee For Freedom of the Press International Economic Law and Policy Blog The Anti-Torture Memos (arranged by topic)

The Anti-Torture Memos: Balkinization Posts on Torture, Interrogation, Detention, War Powers, and OLC Sabeel Rahmansabeel.rahman at Д¬ompendium of posts on Hobby Lobby and related cases

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