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Tom Molony presents on 'Fulfilling the Promise of Roe'

The Elon Law associate professor visited St. Thomas University School of Law in Florida to share legislative suggestions for facilitating medical consultations by women who might be considering an abortion.

Associate Professor Tom Molony

Elon Law Associate Professor Tom Molony made an April 7 presentation to law faculty at St. Thomas University School of Law in Miami in which he proposed model legislation designed to facilitate consultation by a woman considering abortion with a physician whom she has chosen to provide her comprehensive care.

"Fulfilling the Promise of Roe: A Pathway for Meaningful Pre-Abortion Consultation" was based on a forthcoming article of the same title in the Catholic University Law Review.

According to a 2014 poll, nearly two-thirds of Americans believe that the decision whether to have an abortion is one that should be left to a woman and her doctor. And this view is not surprising, Molony argues, for it is the one reflected in Roe v. Wade, which contemplated that an abortion decision would follow a robust discussion between a woman and her physician.

An ob/gyn who provides a woman with regular care likely is best equipped to offer this type of consultation, but most ob/gyns do not perform abortions, he says. Therefore, a physician who provides abortion services to a woman often will encounter her solely for that purpose, and it is unrealistic to expect that a simple intake form and a few questions will provide the depth of knowledge necessary for meaningful, patient-specific guidance.

In light of these facts and consistent with the importance the Affordable Care Act places on primary care physicians in managing a person’s health care, Molony suggests that states adopt measures to facilitate consultation by a woman considering abortion with a physician whom she has chosen to provide her comprehensive care.

Molony joined the Elon faculty in 2008 after practicing law with the Charlotte firm of Robinson, Bradshaw & Hinson. 

Eric Townsend,
Staff
4/11/2016 10:30 PM