Wednesday, November 7, 2012

The Roe vs Wade Case: Aftermath of the Supreme Court's Decision

Bolton 410 U.S. 179 (1973), were decided, a preponderance of states do the performing of an miscarriage a criminal offense. Twenty cinque states permitted abortions only if performed to save the mother's life. Under the 1962 Model Penal Code, abortion would be legal, if: (1) continuation of the maternal quality would gravely impair the forcible or mental health of the mother; or (ii) in that location was a high likelihood that the child would be natural with grave physical or mental defects; or (iii) pregnancy had resulted from appall or incest. The most liberal abortion meliorate statute was that of New York, which "became the mecca of legalized abortions during the 1970s," and which legalized abortion on demand subsequently the 24th week of pregnancy. In 1969, Oregon adopted a statute which followed the Model Penal Code. It added a provision which held sinless a physician who performed an abortion, provided that a second physician concurred in his or her opinion that the abortion was necessary to protect the health of the mother or others. Three other states, Alaska, Hawaii and Washington, alike enacted abortion on demand statutes subject only to the term that the fetus not be viable at the date the abortion was performed.

Another 11 states adopted before 1973 redress abortion laws which permitted abortions in cases of medical necessity and where pregnancy resulted from rape or incest.

Roe v. Wade (and Doe v. Bolton). At have intercourse in Roe v. Wade was the constituti


the first 13 weeks of pregnancy. This law was held unconstitutional in Sojourner T. v. Edwards, 941 F.2d 27 (5th Cir. 1992), cert. denied, 113 S.Ct. 1414 (1993). universal time Code Ann., sec. 76-7-307-308 (Supp. 1991) contained a total ban on abortions after 21 weeks and otherwise ban non-therapeutic abortions, except in case of rape or incest, of which the authorities had to be notified, and contained 24 hour waiting periods and informed consent provisions. Its provisions were upheld in two lower federal court decisions, universal time Women's Clinic v. Leavitt, 844 F. Supp. 1482 (D. Utah 1994) and Jane L. v. Bangerter, 809 F. Supp. 865 (D.
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Utah 1992), solely the Supreme motor lodge left stand up without comment a decision of the 10th Circuit flirt of Appeals in December, 1996 reversing the lower court and invalidating the law because Utah lawmakers had sought to place "an insurmountable obstacle in the thoroughfare of a woman seeking a non-therapeutic abortion on a nonviable basis after 20 weeks."

In 1987 California added Calif. Health & Safety Code sec. 123450, subd.(a) which provides that "except in a medical emergency requiring immediate medical action, no abortion shall be performed upon an unemancipated minor unless she has first given her compose consent to the abortion and has also obtained the written consent of virtuoso or her parents or legal guardian." This law was finally support as constitutional by the California Supreme Court in American Academy of Pediatrics v. Lungren, 51 Cal.Rptr.2d 201, 912 P.2d 1148 (1996), but only after nine years of litigation. Proposed California Senate essential Amendment No. 17, which would make permanent the American Academy decision, is pending.

It was uncalled-for to consult sources such as Congressional and state hearings and legislative reports because again the abortion field is so well cover in the literature.

Mont. Code. A., secs. 50-20-201-215 (Supp. 1996).

Ariz. Rev. Stat. Ann., sec. 36.2301(a) (1986).

Wash. Rev. Code, secs
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