Abortion Arguments from both sides Roe v. Wade: 1973, 7-2 Fundamental right Laws- presumption of unconstitutionality Trimesters – 1 st – unrestricted –

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Presentation transcript:

Abortion Arguments from both sides Roe v. Wade: 1973, 7-2 Fundamental right Laws- presumption of unconstitutionality Trimesters – 1 st – unrestricted – 2 nd - regulate for health – 3 rd - states can ban

Webster v. Reproductive Health services, 1989 Missouri – unborn children same rights – Ban govt. paid doctors – No state employees or facilities – No public resources to “encourage or counsel” S.C. :

Planned Parenthood v. Casey 1992 Pennsylvania – “informed consent” – Spousal notification – Parent consent for minors – 24 hr waiting period SC: – Lowered presumption or restrictions – No spousal notification

Partial Birth Abortion Sternberg v. Carhart 2000 Nebraska ban – 2 nd trimester Criminal charges SC: – Unconstitutional – Threat of charges “undue burden” on right – State must allow Doctors discretion – safest way Gonzalez v. Carhart 2007 Federal Partial-Birth Abortion Ban Act 2003 S.C. – Constitutional More specific than Neb law Never necessary for health No “undue burden” considering ethical questions