VI.D. Abortion Controversy

VI.D. Abortion Controversy - The Abortion Controversy Legal...

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The Abortion Controversy
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Legal facts: Roe v. Wade Pro-life argument: The fetus is a person and persons are protected under the 14th amendment 14th amendment guarantees a person's right to due process “... No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.” No due process in an abortion
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Pro-Choice: Women have a right to privacy Although there is no explicit right to privacy mentioned in the Constitution, the Court’s majority opinion was that such a right is presupposed
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Roe v. Wade three-part final decision: a) First trimester: no state restrictions on abortion permitted According to the Court, the state has no “compelling interest” in protecting the health of the woman because “abortion in early pregnancy, although not without its risks, is relatively safe.” The state also has no “compelling interest” in protecting the potentiality of human life because “the compelling point is at viability.”
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b) Second trimester: states may regulate abortion to help preserve the mother’s health
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c) Viability: regulations can take into consideration the potential life of the fetus Since the fetus has the capability of “meaningful life” outside the pregnant woman’s womb at “about 28 weeks, but as early as 24 weeks,” the state’s interest in protecting potential life becomes “compelling” at this point of “viability.” Therefore,
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This note was uploaded on 07/06/2010 for the course PHIL 123 taught by Professor Nichols during the Winter '08 term at Saginaw Valley.

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VI.D. Abortion Controversy - The Abortion Controversy Legal...

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