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- Path: sparky!uunet!usc!sol.ctr.columbia.edu!hamblin.math.byu.edu!yvax.byu.edu!cunyvm!mnhcc
- Newsgroups: talk.abortion
- Subject: What the Supreme Court Said
- Message-ID: <93012.061747MNHCC@CUNYVM.BITNET>
- From: Marty Helgesen <MNHCC@CUNYVM.BITNET>
- Date: Tuesday, 12 Jan 1993 06:17:47 EST
- Organization: City University of New York/ University Computer Center
- Lines: 37
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-
- There have been claims that my statement that the Supreme Court in
- Roe v. Wade and Doe v. Bolton legalized abortion on demand for the
- full nine months of pregnancy is a lie, and claims that this state-
- ment has been refuted, but no evidence to support those claims. If
- since the Court's 1973 decrees a physician has been charged with the
- crime of performing an abortion and has been successfully prosecuted
- on that charge, my statement would be in error. Can anyone cite such
- a successful prosecution?
-
- In light of the words I quoted from both decisions, especially the
- loophole I quoted from Doe v. Bolton, can anyone suggest the wording
- of a law that would permit the successful prosecution of a physician
- on a charge of performing an abortion? Remember, all he has to do is
- say that the abortion is necessary to preserve the health of the
- mother, using the meaninglessly broad definition of health the Su-
- preme Court adopted in Doe v. Bolton, and the Court explicitly banned
- any requirement for review of that decision by another physician.
-
- Someone said that my statement could not be proved true unless some
- physician were charged with performing an abortion and were acquitted
- because of the Court's decisions. However, prosecutors, who know
- what the Court said, would not bother bringing a charge when they
- knew they could never get a conviction. Any law making it a crime to
- perform an abortion that may remain on the books is a dead letter,
- unenforceable because the Supreme Court has decreed it to be uncon-
- stitutional.
-
- Incidentally, why do some people who believe that abortion should be
- legal object when someone like me points out that the Supreme Court
- agreed with them and made that opinion "the law of the land"?
- -------
- Marty Helgesen
- Bitnet: mnhcc@cunyvm Internet: mnhcc@cunyvm.cuny.edu
-
- "Experience beats in vain upon a congenital progressive."
- -- C. S. Lewis
-