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. 1998 Jan 22;7(1):6-8.

Roe v. Wade and "partial birth abortion" bans

No authors listed
  • PMID: 12293726

Roe v. Wade and "partial birth abortion" bans

No authors listed. Reprod Freedom News. .

Abstract

PIP: The US Supreme Court crafted its Roe vs. Wade ruling based on privacy protections embedded in the US Constitution and the competing interests of the states to protect maternal health and potential life. In its later Casey decision, the Court allowed states to promote their interest in potential life by surrounding abortion with obstacles as long as these did not pose an "undue burden" on the woman's privacy rights. Recent "partial-birth" abortion bans enacted by 17 states seek to weaken Roe by 1) including such broad definitions that they in effect ban all abortions, 2) seeking to create constitutional rights for fetuses, and 3) forwarding states' interests not recognized by Roe. In addition, "partial-birth" abortion bans that outlaw medically-accepted abortion methods do not further any state interest recognized by Roe because 1) they are not designed to dissuade the woman, 2) fetal survival is impossible, and 3) they undermine protection of maternal health. Such bans ignore the distinction between pre- and postviability abortions called for in Roe and flout Roe's protection of the life and health of women. In effect, such bans attack every important aspect of the Roe vs. Wade ruling.

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