Wednesday, November 2, 2011

Roe v. Wade

Facts/Details:
1. The woman's privacy is no longer sole and any right of privacy she possesses must be measured accordingly. 
2. Viability is usually placed at about seven months (28 weeks) but may occur earlier, even at 24 weeks.
3. A State does have an important and legitimate intrest in preserving and protecting the health of the pregnant woman, whether she be a resident of the State or a nonresident who seeks medical consultation and treatment here, and that it has still another important and legitimate intrest intrest in protecting the potentiality of human life.
4. If the State is intrested in protecting fetal life after viability, it may go so far as to proscribe abortion during that period, except when it is necessary to preserve the life or health of the mother.
5. The Constitution does not explicitly mention any right of privacy. In a line of decisions, however, going back to perhaps as far as (1891), the Court has recognized that a right of personal privacy, or a guarantee of certain areas or zones of privacy, does exist under the Constitution.
6. On the basis of elements such as these, appellant and some amici argue that the woman's right is absolute and that she is entitled to terminate her pregnancy at whatever time, in whatever way, and for whatever reason she alone chooses.
7. Mortality rates for women undergoing early abortions, where the procedure is legal, appear to be as low as or lower than the rates for normal childbirth.
8. Modern abortion techniques have significantly reduced the likelihood of a woman's death during the procedure. This eliminates the claim that abortion is primarily a health issue. Now, it is more of a moral concern.
9. The Court's decisions recognizing a right of privacy also acknowledge that some state regulation in areas protected by that right is appropriate.
10. The State's interest and general obligation to protect life then extends, it is argues to prenatal life.

Questions:
1. How can a pregnant women intrest a State enough to stop an abortion?
2. Do the unborn babies have rights?
3. Is it the states or women's decision to stop an abortion or not?
4. Why do the States feel a duty to protect the unborn babies life?
5. Should the women have absolute control over the babies life?

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