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190 PROTECTION owed fetus varies w/ stage of development (213)
- There is a period of time (Frist) in which abortion is acceptable, not
wrong, not MORALLY same thing as later
--(the Supreme Court said) states did not have the right to bar abortion
until the point of viability, which it set at approximately 24 to 28 weeks
of pregnancy...the state's interest in in the life of the fetus becomes
"compelling" after the fetus is viable.
## -- early abortion is better than late abortion
## -- the effort here is to insure that abortions are done as early as
possible
## -- the fact that few abortions are done late is clearly good
## -- the issue is how early or late the abortion has to be performed
## -- early abortion is less morally troubling for women and is better
for all concerned
cross reference 213: when mothers rights weighed against fetus, see 213.
Moral nature of fetus and morality-based fetal claims for protection gets
coded in this series. Note that logic would make 190 the more general
claim about the nature of the fetus, but that is 192. When issue is rights,
and rights being given more or less weight depending on stage of development,
code 213.
192 NATURE of fetus differs depending on stage
-- personhood as progessive, incremental, not dichotomous
-- miscarriages are common and not noted or mourned like a death, are
"natural"
-- (viability) is a relevant issue, since Roe v. Wade essentially defines
life at 24 weeks of pregnancy.
## -- presenting a late-term model of the fetus as if it were "the"
fetus is a distortion
## -- "they show these pictures of late-term fetuses, but reall only
a small percentage of abortions are done so late"
## -- "viability is that stage of development in which ..."
## -- "situation that exists a few days after sexual intercourse"
contrasted with a known or knowable pregnancy
## -- [right after a rape is] before the actual forming of a life. And
[a D&C then] has nothing to do with abortion.
suggestions that early abortions are less upsetting, better than late
abortions should be coded here; CLAIM that an EARLY ABORTION (e.g. menstrual
extraction or morning-after-pill) IS NOT AN ABORTION should be coded here;
if some later abortions should be forbidden code 190 (moral reasons) or
213 (shift in balance of rights toward fetus and potential life).
213 Women take PRIORITY BEFORE A CERTAIN TIME, then fetus (190; 312).
--Roe v. Wade defined fetal viability at 24 weeks and as such fetal rights
outweigh women's rights at that point (but not before).
## -- The court said that up the fourth month of pregnancy, a mother's
right to privacy... transcends that of the embryo.
## -- The Courts ruling in Roe astutely accomodates the shifting interest
of the woman, the fetus and the state as pregnancy proceeds.
## -- In the 1973 ruling, the justices said that... pregnant women [have]
the right to choose abortion in consultation with a doctor... at least
until late in pregnancy when a fetus is capable of living outside its
mother's womb.
crossreference: 190 makes a moral distinction about wrongfulness, not
legal one. The claims for protection in 190 are based in the different
moral status of the fetus at different stages, not a shifting balance
of rights. If the woman is visible in the statement in relation to the
fetus, it is certainly a 213 rather than 190 (do not combine 190 + 3xx
to get the same effect!). Note that 312 is about women's rights being
limited by anything OTHER THAN the gestational age of fetus.
214 BECAUSE OF DISAGREEMENT WHEN LIFE BEGINS, WOMAN HAS PRIORITY
## -- "As this court noted in Roe, where there is widespread disagreement
in both a philosophical and religious sense about when life begins, this
Court cannot sanction one view to the detriment of women's lives and health"
314 Women's right to decide is a constitutional right (410; 412)
-- The right to decide of a woman is a fundamental right guaranteed by
the constitution.
## -- the law violates the 1973 Roe v Wade decision, which established
that women have a constitutional right to obtain an abortion ... the 14th
Amendment, which holds that no state shall deprive a person of life, liberty
or property, is "broad enough to encompass a woman's decision whether
or not to terminate her pregnancy."
## -- A three?judge federal panel ruled Wednesday that New Jersey's law
permitting abortions only to save the mother's life was unconstitutional
because it violated a woman's right to privacy.
## -- was in full accord with the Supreme Court's ruling in favor of abortion
rights in Roe v. Wade. "As an elected official,"... "I
believe I have the duty to do all I can to ensure that women have the
opportunity to freely exercise that right [the one in RvW] if they so
choose."
## -- securing the "equal protection of the law" for women (means
the 14th Amendment is being invoked to justify abortion rights)
CROSSREFERENCE: 314: Explicit references to both women AND the constitution
(the 14th Amendment, "the constitution," "the right secured
by Roe v. Wade") fall here, general references to constitution and
rights go in 410 and assertions of women's fundamental rights, without
reference to the consitution go in 412.
410 PRIVACY AND FREEDOM FROM STATE INTRUSION/GOVT VS INDIV (31x)
(ABORTION LAWS VIOLATE PRIVACY, FREEDOM, FUNDAMENTAL VALUES) -- Laws restricting
abortion infringe on personal freedom; privacy and freedom from state
intrusion are chief issues (not further specified)
--THE STATE HAS NO RIGHT TO LEGALLY REGULATE PEOPLE'S PRIVATE AFFAIRS
--forbidding or making abortion difficult is an offense against liberty
and freedom
-- this was, after all, the anniversary of a Supreme Court decision that
gave practical voice not to abortion or its foes but to tolerance and
liberty
## -- this Court has recognized that the rights of autonomy, bodily integrity,
and equality are central to our notions of ordered liberty. Roe lies at
the heart of those interests.
## -- Abortion, while not necessarily a favored method of preventing an
unwanted pregnancy, was viewed by many as a private decision.
## -- "Quite simply, I believe that government should not interfere
with the right of a woman to choose ... on the question of abortion....
This is a matter of utmost privacy and touches the deepest part of us.
Government and politics should be far removed."
## -- The genius of Roe and the Constitution is that it fully protects
rights of fundamental importance. Government may not chip away at fundamental
rights
CROSSREFERENCE: GENERAL CONSTITUTIONAL RIGHTS (NO REFERENCE TO WOMEN)
go in 410; women-and-the constitution in 314; and fundamental rights that
women share (but no reference to constitution) go in 412. DO NOT OVERUSE
410 TO GET CATCHPHRASES OF 'CHOICE' OR 'PRIVACY' IN OTHER ARGUMENTS.
411 Issue is PRIVACY OF FAMILY AS A WHOLE
-- families have a right to make contraceptive decisions, including choice
to abort, without government interference
-- Sexuality is a matter of personal privacy. Government out of the bedroom.
-- Participation of husband and wife in making a decision for their families'
good should be respected
-- families know best how many children they can afford to raise and care
for
-- The government should not be in the bedroom; should not be involved
in private decisions about reproduction.
-- I believe in the right of married couples to make this decision for
themselves
412 Issue is PRIVACY OF INDIVIDUAL WOMEN (31x; 320)
- Physical examination of women suspected of abortion, enforcing laws
against abortion by medical exam is unacceptable
- Providing reasons/justifications for abortion violates women's rights
to privacy.
- Enforcing a law that requires reasons be given makes government intrudes
into questions that are not its business.
## -- The right answer, regardless of how the question is framed, is no,
women's liberty may not be so encumbered. If the Supreme Court cannot
say that much, it may not matter when or even whether Roe is formally
overruled. American's determined to protect women's liberty will have
to turn to the ballot box, and lobby the legislatures even harder.
## -- Taking abortion out of the purview of government and thus out of
politics seems an insurmountable task. But the effort must go on. As it
does, it is reassuring that the majority of Americans polled and the weight
of the law remain firmly on the side of a woman's right to make up her
own mind.
## -- This shouldn't be an issue in the political arena, "...When
a woman has to make this kind of decision, she should see her doctor not
her lawyer."
## -- said Wednesday that the bill "is about who makes a most personal,
intimate decision: politicians or a woman with her family, her doctor,
and her God."
##crossreference 412 frames conflict between government and the individual
woman, 31x series asserts rights SPECIFIC to women, rather than a share
in a general right to privacy or liberty. 320 raises women's responsibity
as decision-makers, rather than privacy, as what should keep state out.
EXPLICIT REFERENCES TO BOTH WOMEN AND THE CONSTITUTION SHOULD BE CODED
314 (AND NOT ALSO 412). EXPLICIT REFERENCES LIMITING WOMEN'S RIGHTS BY
AGE OF FETUS GO IN 213 (NOT 41X + 190).
413 ISSUE IS PRIVACY OF DOCTOR-PATIENT RELATIONSHIP (713; 815)
-medical records deserve special confidentiality
-doctor/patient relationship is sacrosanct
-doctor requires privacy to provide good care
-- gag rule, or required counselling, or other limits on doctor's communication
with patient interfere with good care-giving and trusting relationship
CROSSREFERENCE: code references to VIOLATION OF RIGHTS inherent in a doctor-patient
relationship here, code the NEGATIVE EFFECTS on the quality of medical
care for the woman herself in 713 and the UNFAIRNESS to the doctor (disrespect,
interference with his judgment) in 815.
433 FEDERAL MANDATES VIOLATE STATES'/HOSPITAL'S RIGHTS (to be anti) (410)
## note that TWO levels of government are involved: this is "states'
rights" (or local gov. AND/OR local hospitals vs. state government),
not individual actions guided by conscience
--Forcing states or localities to permit or pay for abortion is forcing
lawmakers, citizens to violate their consciences (when they pay taxes).
-- Federal government should not coerce states to do what they think is
wrong.
-- Federal government should not require state hospitals or clinics to
permit abortions if they have decided they don't want to
(note that the issue of states rights is raised, explicitly or implicitly,
because more than one level of government is involved).
##--must/should give states the latitude to regulate abortion
##--negative about not giving states latitude to regulate abortion
## -- if a state has a "rational basis" for making a law, the
court should not intervene
## -- upholds the "rational basis" standard
CROSSREFERENCE: 433 frames state level regulation positively (as "latitude"
or "freedom" to regulate), in contrast to negative view of states'
"efforts to restrict abortion rights" in 410
456 STATE'S ROLE LIMITED TO ESTABLISHING REASONABLE STANDARDS
-- the state has a legitimate role in establishing safety standards for
abortion
-- state must not use its legitimate role in protecting women's health
to discourage her from having an abortion
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