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- Newsgroups: talk.abortion
- Path: sparky!uunet!darwin.sura.net!gatech!taco!csl36h.csl.ncsu.edu!dsh
- From: dsh@csl36h.csl.ncsu.edu (Doug Holtsinger)
- Subject: Re: Intellectually Challenging moments in Modern history
- Message-ID: <1992Jul30.004233.15999@ncsu.edu>
- Sender: news@ncsu.edu (USENET News System)
- Reply-To: dsh@csl36h.csl.ncsu.edu (Doug Holtsinger)
- Organization: North Carolina State University
- Date: Thu, 30 Jul 1992 00:42:33 GMT
- Lines: 85
-
- In article <1992Jul29.153255.3604@menudo.uh.edu>
- HADCRJAM@admin.uh.edu (MILLER, JIMMY A.) writes:
-
- >dsh@csl36h.csl.ncsu.edu writes:
-
- >> I disagree, I think the Democratic platform of "abortion on demand"
- >> is a very extreme position. Polls consistently show that only a minority
- >> of the population supports "abortion on demand".
-
- > I suppose it depends on how you define it. Most polls I see show
- > an approx 60% for "choice".
-
- I've seen polls that show only about 30% of Americans support abortion
- on demand -- which is the current state of affairs. Others support
- limited "choice", but not abortion on demand.
-
- > [..]
- > From a practical standpoint, Doug, accepting Roe does indeed allow for the
- > restriction of abortion--after a certain point in fetal development.
-
- From a practical standpoint, Roe does not allow the states to prohibit
- abortion at all. Women can obtain abortions all the way up to the point
- of birth for reasons of health, where the term ``health'' is defined very
- broadly (including mental health). See the quote below.
-
- "The final stage of pregnancy under Roe v. Wade occurs after the
- fetus becomes viable[4]. After viability, the state could regulate
- or prohibit abortions unless they were ``necessary, in appropriate
- medical judgement'', to preserve the life or health of the woman.
- This standard must be read, however, in light of the Court's
- decision the same day in Doe v. Bolton, that clinical judgement
- ``may be exercised in light of all factors -- physical, emotional,
- psychological, familial, and the woman's age -- relevant to the
- well-being of the patient[5]. Thus, the Court nominally allowed
- the state to prohibit post-viability abortions except in apparently
- limited cases, but it actually defined the limitation in a way
- that bars the state from prohibiting such abortions if physicians
- are willing to perform them.
-
- In a later case the Court sustained a statute defining viability
- as a stage where the fetus's life ``may be continued outside the
- womb by the natural or artificial life-supportive systems''[6].
- This definition allows the state to regulate the decision to have
- an abortion, a decision made while the fetus is in the womb,
- on the basis of what must at that time be a prediction about what
- will happen after the fetus is removed from the womb. The uncertainty
- of this prediction might lead physicians to refrain from performing
- abortions if, as Roe seemed to suggest, states could readily
- prohibit post-viability abortions. The Court thus stressed that
- viability was essentially a medical judgement, and invalidated a
- law making physicians criminally liable for performing abortions
- when the fetus ``is viable'' or when there is ``sufficient reason
- to believe that the fetus may be viable''[7]. The threat of
- criminal liability in the face of the uncertainty associated
- with viability determinations unacceptably burdened the abortion
- decision.
-
- In the same case the Court held unconstitutionally vague a
- provision requiring that physicians use the abortion technique
- making fetal survival most likely, so long as no other technique
- was necessary to protect the woman's health or life. These decisions
- severely restrict what the state may do to protect the potential
- life of the fetus even after viability, when Roe v. Wade holds
- that the state's interest in protecting potential life is compelling.
-
- [...] In sum, the Court has substantially restricted the kinds of
- regulations a state may adopt to protect potential life by requiring
- that abortions be allowed where necessary to protect the woman's
- life or health and then by giving ``health'' a broad definition."
-
- From: Abortion, Medicine, and the Law, Third Edition, 1986
-
- [4] 410 U.S. at 163-164
- [5] 410 U.S. 179 (1973)
- [6] Planned Parenthood of Central Missouri v. Danforth,
- 428 U.S. 52, 63--65 (1976)
- [7] Colautti v. Franklin, 439 U.S. 379 (1979)
-
-
- > [.. rest deleted ..]
- > Jammer Jim Miller
-
-
- Doug Holtsinger
-
-