(DOWNLOAD) "Roe's Life-Or-Health Exception: Self-Defense Or Relative-Safety?" by Notre Dame Law Review # eBook PDF Kindle ePub Free
eBook details
- Title: Roe's Life-Or-Health Exception: Self-Defense Or Relative-Safety?
- Author : Notre Dame Law Review
- Release Date : January 01, 2010
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 515 KB
Description
INTRODUCTION Roe v. Wade (1) famously holds that fetuses are not persons within the meaning of the Fourteenth Amendment prior to birth. (2) Roe also holds, however, that states have a "compelling" interest in fetal life once the fetus is viable, (3) that is, "potentially able to live outside the mother's womb, albeit with artificial aid." (4) Before viability, a woman may obtain an abortion whenever she and her doctor conclude it would be in her best interest. (5) After viability, a state may "regulate, and even proscribe, abortion except where it is necessary, in appropriate medical judgment, for the preservation of the life or health of the mother." (6) Thus, the general rule that states may protect viable fetal life through abortion bans and regulations is subject to a constitutional life-or-health exception to which state laws must conform.