Roe+v.+Wade+and+who+has+abortions - Who has abortions? Who...

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Unformatted text preview: Who has abortions? Who 1 million legal abortions/year 20% are between 15­19 yrs old. 33% are between 20­24 yrs old 41% are white 27% are living under poverty line 83% are unmarried 30% are Catholics Who has abortions? Who 6.3 million pregnancies per year in U.S. 50% of all pregnancies are unplanned Who has abortions? Who Compared to all women of reproductive age they are… – Younger – Poorer – Less likely to be married – Of all races, but disproportionately women of color Teen Pregnancy Teen U.S. has highest teen pregnancy rate in world 50% of all teen sexually active before marriage 1 million teenagers pregnant each year ½ of these will terminate pregnancy Teen pregnancy higher among black and Hispanic women Court decisions before Roe….. Court 1965 Griswold v. Conn: – Legalized contraception for married couples “Would we allow the police to search the sacred precincts of marital bedrooms for telltale signs of the use of contraceptives? The very idea is repulsive to the notions of privacy surrounding the marriage relationship.” (183) Contraception Contraception 1972 Eisenstadt v Baird – Legalized contraception for single individuals – “if the right of privacy means anything, it is the right of the individual, married or single, to be free from unwarranted governmental intrusion into matters do fundamentally affecting a person as the decision whether to bear or beget a child” (186) Before Roe…. Before 1 million illegal abortions each year Abortion laws reformed in 12 states Public opinion favors legalization before 24 weeks of gestation Roe v. Wade Roe Divided pregnancy into 3 “trimesters” First trimester (0­12 weeks) – State may not regulate or otherwise interfere with the decisions of the doctor and patient to terminate her pregnancy – 90% of all abortions are performed in 1st trimester Roe v. Wade—2 trimester Roe nd 2nd Trimester 13­24 weeks (99.9%) – State “may regulate the abortion procedure to the extent that the regulation reasonably relates to the preservation and protection of maternal health.” (225) Roe v. Wade-3 trimester Roe rd 24­birth (or fetal viability) (.1%) State may prohibit abortions, except to save the life or health of the mother – “the State’s important and legitimate interest in potential life” becomes compelling at viability, when “the fetus….presumably has the capability of meaningful life outside the mother’s womb.” (225) Fetal Viability-Legal Definition Fetal Ability to live outside the womb, with artificial assistance Not just ‘momentary’ but ‘meaningful’ life Physician makes judgment about point of viability on case by case basis but there are biological limits to viability – Roe originally stated this point at 28 weeks, but suggested it might be as early as 24…… Fetal Viability-Biological limits limits Weight less important than gestational age 23 weeks considered earliest survival, but rare for babies to survive at 25 weeks Most babies survive at 26­28 weeks – But many of these have serious disabilities Lung capacity develops at 24 weeks Internal organs, brain, nervous systems may not be completely developed at 24 weeks Doe v. Bolton Doe Decided the same day as Roe Tested Georgia law which imposed requirement of 3 doctors approval Court struck down—it unduly restricted a woman’s right to privacy… States may not burden this fundamental right Restrictions must be “narrowly drawn to express only the legitimate state interests at stake” Must not be a pretext for discouraging abortion Public Funding Public Harris v. McRae­1980 (and Maher v Conn 1977) Upholds Hyde Amendment of 1977 US Supreme Courts states: – “although govt may not place obstacles in the path of a woman’s exercise of her freedom of choice, it need not remove those not of its own creation….” – the state may make childbirth “a more attractive alternative, thereby influencing the woman’s decision” (Maher, 1977) ...
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This note was uploaded on 11/10/2011 for the course POLI SCI 790:395 taught by Professor Daniels during the Spring '11 term at Rutgers.

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