smash wrote:
This really is not as important a decision as people fear.
Of course it is, it overturns 30 years of established case law precedent and opens the door for states to ban every form of abortion procedure they can think of to effect a total ban without legislating one.
It does not overturn Roe vs. Wade, nor open up the floodgates to barring other procedures until none are left. It instead bans one specific type of abortion procedure which could easily be argued is not an abortion at all since the procedure invoves birth and then would not be covered by Roe vs. Wade. The court's decision specifically states that barring the one procedure does not prohibit obtaining abortions by the other available procedures. The law does not differ from many other laws limiting medical procedures that can be performed by doctors for various public policy needs. The majority in the case wrote:
"Physicians are not entitled to ignore regulations that direct them to use reasonable alternative procedures. The law need not give abortion doctors unfettered choice in the course of their medical practice, nor should it elevate their status above other physicians in the medical community." smash wrote:
You can still get an abortion 1 day before your due date. The effect is that now in the states in question it is not unconstitutional for them to bar using partial birth "abortion," you can use in vitro dismemberment instead. It is probably for the best for all sides, as it really unnecessarily complicates the issue of whether an unborn child is alive before birth to allow an unecessary procedure where the child is partially born and then terminated.
No, it's for the best for people who want to overturn Roe V Wade, or in actuality, leave it intact but useless by providing other venues to restrict abortion at the state level.
Please don't comment on things you don't understand at all.
As stated in the decision, the fact that the law does not restrict a woman's abilty to get an abortion, but only elimates one procedure for which there are alternatives, was the key element that made the law constitutional. This means that if a state tried to pass laws that that restricted the available procedures to such an extent that a womans right to an abortion was limited, then it would be unconstitutional. Roe vs. Wade is certainly not useless or limited in any way by this decision. The decision merely states that a certain medical procedure can be barred as long as it does not limit Roe vs. Wade, and in this case it did not.
Edited, Apr 18th 2007 12:00pm by fhrugby