Wednesday, November 2, 2011

Roe vs. Wade Anaylsis

Facts/Details:
  1. The right of privacy is broad enough to encompass a woman's decision whether or not to terminate the pregnancy.
  2. The Court's decisions recognizing a right of privacy also acknowledge that some state regulation in areas protected by the right is appropriate.
  3. Some believe that it is in the best interest of the states in protecting prenatal life.
  4. When most criminal abortion laws were first enacted, the procedure was a hazardous one for women.
  5. The women's privacy is no longer sole and any right of privacy she possesses must be measured accordingly. 
  6. Viability is usually placed at about seven months, but may occur earlier.
  7. Until the end of the first trimester mortality in abortion may be less than mortality in normal childbirth.
  8. Criminal abortion laws were argued to be the product of a Victorian social concern to discourage illicit sexual conduct.
  9. The state retains a definite interest in protecting the woman's own health and safety when an abortion is proposed at a late stage of pregnancy.
  10. The right to personal privacy does exist under the Constitution.
Questions:
  1. Do states have the power to make their own laws on abortion?
  2. How much of the decision of an abortion is based on a physicians or doctors judgement?
  3. How does the right to privacy have to do with an abortion?
  4. Should the decision be put solely into the hands of the mother of the child?
  5. Where does the fathers role come into play?

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