10 justice blackmun constructed the trimester

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health and the potential for life within her, which limit the woman’s right. 10. Justice Blackmun constructed the trimester framework out of the tension between the woman’s right and the states’ interests that would appease both sides, but come under criticism years later. 11. Justice Rehnquist incorporates the idea of “original intent” in his dissent by pointing out a crucial flaw in Harry Blackmun’s research into abortion policy into prior centuries, and found that in time periods that Blackmun cited, abortion regulations were on books and relevant, though not immediately available due to new amendments. 12. Judicial bypass is an order that allows a minor to undergo an abortion without parental consent or notifying parents if they show that she is sufficiently mature to make the decision on her own. 13. The Webster decision was significant because it was the first time since Roe that the decision was overturned. The Webster decision was, in a way, a defeat for pro-choice advocates because the decision upheld the pro-life Missouri regulations, upheld restrictions on abortion, and restricted public facilities for abortions, with the exception of saving a mother’s life. 14. Justice Blackmun addressed the charge by Justice Rehnquist that the trimester framework is judicial legislating by defending that the trimester framework was a “fair, sensible, and
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effective way of safeguarding the freedom of women while accommodating the state’s interest in potential human life.” 15. Stare decisis is the obligation to follow the rule of law in prior cases. 16. In overruling Roe’s trimester framework, Justice O’Conner established the new standard of undue burden, which states that any law that places an undue burden on a woman’s right to obtain an abortion for viability would be unconstitutional.
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  • Fall '11
  • Boufford
  • Supreme Court of the United States, Fourteenth Amendment to the United States Constitution, Justice Blackmun

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