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I. Glenn Cohen, Reproductive Technologies and Embryo Destruction After Dobbs, in Roe v. Dobbs: The Past, Present and Future of a Constitutional Right of Abortion (Geoffrey R. Stone & Lee Bollinger eds., 2024).

Abstract: Upon the release of the Dobbs decision, the public and legal academic conversation quickly shifted to implications for other rights closely connected to substantive due process. Justice Alito’s opinion attempts to argue that abortion’s involvement of “potential life” is what distinguishes abortion from other substantive due process rights. This chapter argues that reproductive technologies, specifically those that involve embryo destruction, are directly implicated by Alito’s language. The Dobbs decision erects a barrier to a federal constitutional right to engage in reproductive technologies involving embryo destruction, raises the possibility that states that prohibit abortion could restrict embryo destruction (though data on public opinion suggests few will), and creates normative questions about embryo destruction that turn on particular theories of embryonic/fetal personhood. The chapter concludes that some who believe abortion should be restricted should also oppose embryo destruction, and that some who oppose abortion restrictions should not oppose restrictions on embryo destruction.