Laura the War Whore Ingraham had Marjorie Dannenfelser, a pro-blastocyte activist, on her show this morning and Marj stated a popular wingnut lie: Roe v. Wade legalized abortions on demand at any time during pregnancy. In fact, the Court decided that the State could place no restrictions during the 1st trimester, some during the 2nd trimester and could virtually ban abortions during the 3rd trimester. (Note that Ingraham is a lawyer and did not correct Marj)
From the decision:
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. With this we do not agree.
With respect to the State's important and legitimate interest in the health of the mother, the "compelling" point, in the light of present medical knowledge, is at approximately the end of the first trimester. This is so because of the now-established medical fact, referred to above at 149, that until the end of the first trimester mortality in abortion may be less than mortality in normal childbirth. It follows that, from and after this point, a State may regulate the abortion procedure to the extent that the regulation reasonably relates to the preservation and protection of maternal health.
With respect to the State's important and legitimate interest in potential life, the "compelling" point is at viability. This is so because the fetus then presumably has the capability of meaningful life outside the mother's womb. State regulation protective of fetal life after viability thus has both logical and biological justifications. If the State is interested 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.
Wednesday, April 26, 2006
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