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Roe v Wade: Does is it Actually Legalize Abortion Explicitly or Just Dr/Patient Privacy

Posted on 7/1/18 at 5:02 pm
Posted by STEVED00
Member since May 2007
22369 posts
Posted on 7/1/18 at 5:02 pm
What was the actual Roe v Wade decision? Was it that abortion is completely legal or is it more around what happens between a doctor and patient is private?

Posted by Volvagia
Fort Worth
Member since Mar 2006
51895 posts
Posted on 7/1/18 at 5:17 pm to
As I understand it, the latter.

You can’t prohibit an abortion about due process, and due process violates doctor/patent confidentiality.


Posted by skidry
Member since Jul 2009
3253 posts
Posted on 7/1/18 at 7:38 pm to
Wouldn’t this legalize any and every procedure a doctor and patient agree on including administering drugs? Serious question.
Posted by Volvagia
Fort Worth
Member since Mar 2006
51895 posts
Posted on 7/1/18 at 8:31 pm to
Short of assisted suicide, what other medical procedure is prohibited by law?
Posted by DavidTheGnome
Monroe
Member since Apr 2015
29145 posts
Posted on 7/1/18 at 8:33 pm to
quote:

Short of assisted suicide, what other medical procedure is prohibited by law?



Medical marijuana is the one that immediately comes to mind
Posted by skidry
Member since Jul 2009
3253 posts
Posted on 7/1/18 at 9:23 pm to
I’m no medical expert but I was under the impression that all procedures/devices required approval before they can be used. Thus the need for the recent right to try EO. Again I’m asking more than stating.
This post was edited on 7/1/18 at 9:25 pm
Posted by Veritas
Raleigh, NC
Member since Feb 2005
6211 posts
Posted on 7/1/18 at 9:29 pm to
While I am morally opposed to abortion, if the argument resides with the 14th amendment, then the right belongs to the born.
Posted by Volvagia
Fort Worth
Member since Mar 2006
51895 posts
Posted on 7/2/18 at 9:54 am to
quote:


Medical marijuana is the one that immediately comes to mind


Legally speaking, it is defined as something that has no medical impact.

So it side steps the above because there are no (according to law) legit application of it.

So he doesn’t have an impact of doctor/patient privacy.
Posted by cahoots
Member since Jan 2009
9134 posts
Posted on 7/2/18 at 10:01 am to
It centers around the due process clause of the 14th amendment. You’re trying to balance that constitutional right of the mother with the potential for life. It’s basically impossible to do so the court drew a line in the sand somewhere.
Posted by Wtodd
Tampa, FL
Member since Oct 2013
67482 posts
Posted on 7/2/18 at 10:02 am to
quote:

Just Dr/Patient Privacy

4th amendment argument
Posted by SlowFlowPro
Simple Solutions to Complex Probs
Member since Jan 2004
421771 posts
Posted on 7/2/18 at 10:06 am to
quote:

It centers around the due process clause of the 14th amendment

Aka, unicorns

Substantive Due Process is judicial expansion without real legal justification. Its a concept that was invented out of thin air to give courts more power.
Posted by zatetic
Member since Nov 2015
5677 posts
Posted on 7/2/18 at 10:09 am to
Posted by FooManChoo
Member since Dec 2012
41648 posts
Posted on 7/2/18 at 10:23 am to
quote:

What was the actual Roe v Wade decision?
Basically said that abortion falls under the right to privacy protected by the 14th amendment and that the states cannot deny women that right until the life of the unborn becomes viable during the 3rd trimester. It removed the rights of the states to outlaw the practice.

The decision left the choice to perform an abortion to women and their doctors, which I suppose would mean other elective medical decisions would also fall under the same ruling.

I hope that abortion of a ruling (pun intended) gets overturned.
This post was edited on 7/2/18 at 10:34 am
Posted by Diamondawg
Mississippi
Member since Oct 2006
32213 posts
Posted on 7/2/18 at 10:25 am to
quote:

Short of assisted suicide, what other medical procedure is prohibited by law?


The Medical Device Act regulates what, when, how and whether devices can be used on humans.

A doctor can not build his own CT scanner in his garage and use it on humans, as an example.
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