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- Xref: sparky talk.abortion:47117 alt.abortion.inequity:4938 alt.feminism:3920 soc.men:18860 soc.women:19053
- Newsgroups: talk.abortion,alt.abortion.inequity,alt.feminism,soc.men,soc.women
- Path: sparky!uunet!stanford.edu!rock!taco!csl36h.csl.ncsu.edu!dsholtsi
- From: dsholtsi@csl36h.csl.ncsu.edu (Doug Holtsinger)
- Subject: Re: compromise
- Message-ID: <1992Nov8.010123.18892@ncsu.edu>
- Followup-To: talk.abortion
- Sender: news@ncsu.edu (USENET News System)
- Reply-To: dsholtsi@csl36h.csl.ncsu.edu (Doug Holtsinger)
- Organization: North Carolina State University
- References: <1da49nINNnl2@gap.caltech.edu> <Bx8wxx.6Dz@cs.psu.edu> <1992Nov5.195956.27302@ncsu.edu> <Bx9n9K.Mu2.2@cs.cmu.edu>
- Distribution: na
- Date: Sun, 8 Nov 1992 01:01:23 GMT
- Lines: 43
-
- In article <Bx9n9K.Mu2.2@cs.cmu.edu>
- garvin+@cs.cmu.edu (Susan Garvin) writes:
-
- > medical standards, and in protecting potential life. AT SOME POINT
- > IN PREGNANCY, THESE RESPECTIVE INTERESTS BECOME SUFFICIENTLY
- > COMPELLING TO SUSTAIN REGULATION OF THE FACTORS THAT GOVERN THE
- > ABORTION DECISION. THE PRIVACY RIGHT INVOLVED, THEREFORE, CANNOT
- > BE SAID TO BE ABSOLUTE.
-
- This quote from Roe v. Wade is completely consistent with my
- documentation showing that Roe is unrestricted abortion-on-
- demand throughout the term of pregnancy. A woman's ability to
- obtain an abortion is dependent upon the availability of a
- physician who's willing to perform the abortion (see following
- quote). Ms. Garvin seems to be completely unable to address
- any of the four sources I provided in support of my statements.
-
- Mark Tushnet, "The Supreme Court on Abortion: A Survey",
- Abortion, Medicine, and the Law, Third Edition, 1986,
- pp. 162
-
- "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."
-
- [4] 410 U.S. at 163-164
- [5] 410 U.S. 179 (1973)
-
- >Susan
-
-
- Doug Holtsinger
-
-