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re: Hypothetical: Roe v Wade is overturned today...
Posted on 5/15/19 at 9:48 am to Kracka
Posted on 5/15/19 at 9:48 am to Kracka
Even though I'm a huge opponent of Roe v Wade, I think the original ruling would pass in every state:
In the first trimester, the court declared, the right to abortion was absolute. In the second, states could regulate it to protect the mother’s health. In the third, states could restrict abortion in theory, but had to allow exceptions to protect the life or health of the mother, defined capaciously in the accompanying case of Doe v. Bolton to include “emotional, psychological, familial” considerations, as well as “the woman’s age.
Not my ideal, but I bet most of the country would go along with that. Too bad Blackmun completely screwed it up when writing the opinion.
In the first trimester, the court declared, the right to abortion was absolute. In the second, states could regulate it to protect the mother’s health. In the third, states could restrict abortion in theory, but had to allow exceptions to protect the life or health of the mother, defined capaciously in the accompanying case of Doe v. Bolton to include “emotional, psychological, familial” considerations, as well as “the woman’s age.
Not my ideal, but I bet most of the country would go along with that. Too bad Blackmun completely screwed it up when writing the opinion.
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