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The same court recently has held again that the State's abortion statutes are not unconstitutionally vague or overbroad. < Roe v. Wade. The upshot is that the people and the legislatures of the 50 States are constitutionally disentitled to weigh the relative importance of the continued existence and development of the fetus, on the one hand, against a spectrum of possible impacts on the woman, on the other hand. 1196 cannot be struck down separately, for then the State would be left with a statute proscribing all abortion procedures no matter how medically urgent the case.There are other inconsistencies between Fourteenth Amendment status and the typical abortion statute. 314 F.Supp. Harry Andrew Blackmun was an American lawyer and jurist who served as an Associate Justice of the Supreme Court of the United States from 1970 until 1994. Harry A. Blackmun, associate justice of the United States Supreme Court from 1970 to 1994. Id. Quay 426-427. of the Am.Med.Assn. This Texas federal appeal and its Georgia companion, Doe v. Bolton, post, p. 179, present constitutional challenges to state criminal abortion legislation. 162, Washington, D.C.1942).By the end of 1970, four other States had repealed criminal penalties for abortions performed in early pregnancy by a licensed physician, subject to stated procedural and health requirements. 262, 268 (1908). This right of privacy, whether it be founded in the Fourteenth Amendment's concept of personal liberty and restrictions upon state action, as we feel it is, or, as the District Court determined, in the Ninth Amendment's reservation of rights to the people, is broad enough to encompass a woman's decision whether or not to terminate her pregnancy. Appellant and appellee both contest that holding. Justice Harry Blackmun was a person who believed that the citizens should have the right to privacy without any government interference. This is the Abortion Act of 1967, 15 & 16 Eliz. While many States have amended or updated their laws, 21 of the laws on the books in 1868 remain in effect today.I find nothing in the language or history of the Constitution to support the Court's judgment. The statute makes no distinction between abortions performed early in pregnancy and those performed later, and it limits to a single reason, "saving" the mother's life, the legal justification for the procedure. 1205 of the Penal Code, are intended to protect a person "in existence by actual birth," and thereby implicitly recognize other human life that is not "in existence by actual birth"; that the definition of human life is for the legislature and not the courts; that Art. A state criminal abortion statute of the current Texas type, that excepts from criminality only a lifesaving procedure on behalf of the mother, without regard to pregnancy stage and without recognition of the other interests involved, is violative of the Due Process Clause of the Fourteenth Amendment.In Thompson, n. 2, the court observed that any issue as to the burden of proof under the exemption of Art. Article 1195, not attacked here, reads:Roe alleged that she was unmarried and pregnant; that she wished to terminate her pregnancy by an abortion "performed by a competent, licensed physician, under safe, clinical conditions"; that she was unable to get a "legal" abortion in Texas because her life did not appear to be threatened by the continuation of her pregnancy; and that she could not afford to travel to another jurisdiction in order to secure a legal abortion under safe conditions. Short excerpts from…The National Organization for Women held its annual rally and vigil outside the Supreme Court building commemorating…* Not available in all packages and areas. Examples of permissible state regulation in this area arerequirements as to the qualifications of the person who is to perform theabortion; as to the licensure of that person; as to the facility in which theprocedure is to be performed, that is, whether it must be a hospital or may bea clinic or some other place of less-than-hospital status; as to the licensingof the facility; and the like. He spoke exclusively about his 1973 majority opinion, Roe v. Wade, which legalized abortion. at 1222-1223. 1196 of the Texas Penal Code, in restricting legal abortions to those "procured or attempted by medical advice for the purpose of saving the life of the mother," sweeps too broadly. In other cases, as in this one, the additional difficulties and continuing stigma of unwed motherhood may be involved. of the Am.Med.Assn. (b) For the stage subsequent to approximately the end ofthe first trimester, the State, in promoting its interest in the health of themother, may, if it chooses, regulate the abortion procedure in ways that arereasonably related to maternal health.The principal thrust of appellant's attack on the Texasstatutes is that they improperly invade a right, said to be possessed by thepregnant woman, to choose to terminate her pregnancy. The right to privacy has certain limits that must be recognized. As early as 1821, the first state law dealing directly with abortion was enacted by the Connecticut Legislature. 1972). 1195, compose Chapter 9 of Title 15 of the Penal Code. 411-412; Noonan 20-26; Quay 426-430; see also J. Noonan, Contraception: A History of Its Treatment by the Catholic Theologians and Canonists 18-29 (1965).An AMA Committee on Criminal Abortion was appointed in May, 1857. Jump to navigation Jump to search ←Syllabus. The government is able to deny certain rights on a situational basis.