On 5/19/05, Dan Minette <[EMAIL PROTECTED]> wrote: > > > > > Doe v. Bolton, 410 U.S. 179 (1973) Companion case to Roe, striking down > > parts of a "liberalized" statute from Georgia with health/rape/incest > > exceptions. Holding, (7-2) per Blackmun, that a woman has a > constitutional > > right to abortion from six months to birth, if her doctor "in his best > > clinical judgment," in light of the patient's age, "physical, emotional, > > psychological [and] familial" circumstances, finds it "necessary for her > > physical or mental health." > <snip> > "from six months to birth" is third trimester. Second trimester is 3-6 > months.
Sorry, I don't know what I was parsing that as, it wasn't clear to me. And it seemed odd given their finding in Roe v. Wade that "the state may regulate or ban abortion during the third trimester to protect fetal life." I liked Roe v. Wade. It drew clear, at least to me, and understandable lines. It appears that Casey in 1992 recognized that the real standard is viability and also emphasized that a state may not place undue burdens on doctors and women for a constitutional medical procedure. The Court (5-4) upheld a 24-hour waiting period, an informed consent requirement, a parental consent provision for minors and a record keeping requirement, while striking down the spousal notice requirement. Doe v. Bolton while elaborating that abortions can be done to protect the life and health of the women even in the third trimester is open to criticism as to not deciding what lines could now be drawn in protecting that health. If the mother will be crippled or blind is that acceptable or not? What if she will suffer from depression, how severe? This is a troubling decision when you are discussing women's health issues versus a viable fetus, not so troubling to me pre-viability. Under what conditions do you support abortion? -- Gary Denton Easter Lemming Blogs http://elemming.blogspot.com http://elemming2.blogspot.com _______________________________________________ http://www.mccmedia.com/mailman/listinfo/brin-l
