Lecture 4-19-2007

Lecture 4-19-2007 - Political Science 104 Lecture 4-19-2007...

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Political Science 104 Lecture 4-19-2007 Supreme Court In 2003 federal law “partial birth abortion act” prohibits a particular procedure o Contains a “life of the mother” exception, but not a “health” exception which previous court decisions had required o Specifically defined the procedure o Complaint brought by 3 doctors who perform the procedure Gonzales vs. Carhart upholds the law on a 5-4 vote Previous decision had overturned a Nebraska law, but that law was not as specific as to the precise nature of the procedure Roe vs. Wade Foundation Three elements for the right to obtain an abortion per “Roe” o Woman has a constitutional right to an abortion before viability “without undue interference from the state” o State can restrict abortion after viability, if there are exceptions for life and health of mother. o State has legitimate interest in protecting mother’s life and the fetus as a potential human life Implications This case involved a “facial challenge” to the law, requiring opponents to
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Lecture 4-19-2007 - Political Science 104 Lecture 4-19-2007...

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