Wednesday, October 15, 2008

Know your laws.

Fuck.

I'm so sick of Roe v. Wade being an issue in this election. It even got me to break out my Constitutional Law book. Let me tell anyone who reads this blog the truth:

Roe v. Wade is no longer good law.

There. I've said it.

Planned Parenthood of Southeastern Pennsylvania v. Casey
is the controlling case law, now. In this case, Pennsylvania had a law that required a woman's informed consent before the procedure, requires that she receive the neccessary information 24 hours prior to the abortion, and requires that minors have their parents' permission or aquire a judicial bypass to receive the procedure. Also, married women had to sign a statement saying they had notified their husband of their intent to have an abortion. There were exceptions to the law for emergency situations.

The Supreme Court reaffirmed the right of a pregnant woman to choose to have an abortion, as they ruled in Roe v. Wade, however, it tossed out the trimester timeline for abortion laws established in that famous case. Instead, they said the individual states have the right to restrict abortions after fetal viability. The Court said that the State has the "legitimate interests from the outset of the pregnancy in protecting the health of the woman and the life of the fetus that may become a child." The court introduced the undue burden test, and declared that the law was OK in that regard except in the case of spousal notification.
States may pass laws so long as not undue burden on individual’s rights.

tl;dr: Abortions are still legal, but viability is now the timeframe, and states can make it more difficult to acquire them so long as their reasoning is sound and the hoops one must jump through are not too ridiculous.

~ Nick
Sell me, I'm a skeptical boy

3 comments:

Brendan said...

Interesting post, I always love the law tidbits that you tl;dr for me.

btw, I have made it a personal goal to spell ridiculous correctly... I always hate the little red squigly line that shows up under it when I spell it rediculous (as you did)

Love
The Grammar Nazi

(I know, I know, Godwin, Whatever.)

Nick said...

Fix'd. I was angryface, so sue me.

Ron said...

YAAAAAAAAAAAAAAWWWWWN

srsly though, here's what makes me sad: some people out there might very well be making a choice this election based on abortion. I'm sorry, but there are other more important things at hand than dead babies.

.... stupid people.