By Laurie Shrage
Shrage argues that Roe v Wade's regulatory scheme of a six-month time span for abortion on call for polarized the general public and obscured possible choices with almost certainly broader help. She explores the origins of that scheme, then defends another one--with a time span shorter than 6 months for non-therapeutic abortions--that may possibly win extensive help had to make felony abortion prone on hand to all girls.
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Extra info for Abortion and Social Responsibility: Depolarizing the Debate (Studies in Feminist Philosophy)
Moreover, the viability cutoff seemed to reflect judicial principles rather than a legislative compromise. 20 Abortion and Social Responsibility However, invoking the idea of "viability" to mark the cutoff for nontherapeutic abortions, rather than identifying a particular week, did little to stall the charge that the Court acted legislatively. "68 Bickel's observation alludes to the controversy over the New York statute and to statutes significantly more moderate than New York's, some of which had failed to gain approval in other states.
Like the live-birth problem, such procedural options, though, raise serious moral and practical questions. Should a woman or doctor be allowed to choose a guaranteed feticidal method after viability and, if so, under what circumstances ? "72 The adoption of laws proscribing feticidal abortion procedures after viability, when these procedures offer no therapeutic advantage over other methods, is likely to increase the numbers of live births following 22 Abortion and Social Responsibility postviability abortions, though the percentage of abortions at this stage is quite low.
If a woman has a fundamental right to privacy, then what state interest is sufficiently compelling to limit her exercise of this right to the first or second trimester? Laws restricting abortion, even with Is Roe Viable? 19 therapeutic exceptions, invade a woman's constitutionally protected privacy and the privacy of the doctor-patient relationship, and protecting the interests of a nonperson might not be sufficiently compelling to justify this invasion. Yet the justices did not want to conclude that any ban on abortion before birth would be unconstitutional.