n00b abortion question: (need answer quick)

fatbaby

Banned
May 7, 2001
6,427
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me too lazy 2 research

Is abortion legal? or does it depend on state? is it legal in ca?

i r n00b player
 

jeremy806

Senior member
May 10, 2000
647
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Roe v. Wade - A woman has a constitutional right to an abortion.

States can regulate this right to the extent the constitutional right is preserved.

I feel that the Supreme Court made the wrong decision here and that state's should have authority in this area. Nevertheless, that's the law as far as I can tell.

I may be inviting a flame war, but don't bother disagreeing with me unless you understand the law.

jeremy806
 

BaliBabyDoc

Lifer
Jan 20, 2001
10,737
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Roe v Wade prohibits unreasonable restrictions to access to abortions up to the point of viability . . . the rational is a sketchy Constitutional issue but basically the justices said the State cannot interfere in what is basically a private concern of a woman and her family. But when the fetus reaches viability (can survive outside the womb) then the rights of this individual must now be considered.

Accordingly states still have the right to regulate abortions as long as their statutes do not violate the spirit of choice. Most states start small with requiring minors to get consent from parents but others have tried to ban certain procedures (intact dilatation and extraction known to the ignorant as partial birth abortion) in the hopes of challenging Roe v Wade. Some states also have made it a crime to do harm to a fetus (granted intact D&E is definitely doing harm).

As a practical matter it is difficult to get abortions in some states Nebraska and rather easy in others Cali.