home *** CD-ROM | disk | FTP | other *** search
- Newsgroups: talk.abortion
- Path: sparky!uunet!gatech!concert!rock!taco!csl36h.csl.ncsu.edu!dsholtsi
- From: dsholtsi@csl36h.csl.ncsu.edu (Doug Holtsinger)
- Subject: Re: t.a. FAQ (part 3 of 3)
- Message-ID: <1992Dec31.192723.7258@ncsu.edu>
- Sender: news@ncsu.edu (USENET News System)
- Reply-To: dsholtsi@csl36h.csl.ncsu.edu (Doug Holtsinger)
- Organization: North Carolina State University
- References: <1992Dec30.233411.21897@crd.ge.com> <1992Dec31.004750.8742@ncsu.edu> <1992Dec31.041831.22787@watson.ibm.com> <1992Dec31.051501.16635@ncsu.edu> <1992Dec31.171914.12814@watson.ibm.com>
- Distribution: na
- Date: Thu, 31 Dec 1992 19:27:23 GMT
- Lines: 41
-
- In article <1992Dec31.171914.12814@watson.ibm.com>
- margoli@watson.IBM.com writes:
- >dsholtsi@csl36h.csl.ncsu.edu (Doug Holtsinger) writes:
- >>margoli@watson.IBM.com writes:
- >>>dsh@eceyv.ncsu.edu (Doug Holtsinger) writes:
-
- >>>> Roe v. Wade is essentially unrestricted abortion-on-demand throughout
- >>>> the term of pregnancy.
-
- >>> Dougie just can't stop lying about this. Perhaps we should add the
- >>> refutation of his lies to the FAQ?
-
- >> You mean you're going to add more falsehoods to the ones
- >> that are already in the FAQ? :-)
-
- > Yes, we'd probably have to include your falsehoods in order to refute them.
-
- Are you saying that the following quote from a law professor
- at Georgetown University is a "falsehood"?
-
- "The final stage of pregnancy under Roe v. Wade occurs after the
- fetus becomes viable[4]. After viability, the state could regulate
- or prohibit abortions unless they were ``necessary, in appropriate
- medical judgement'', to preserve the life or health of the woman.
- This standard must be read, however, in light of the Court's
- decision the same day in Doe v. Bolton, that clinical judgement
- ``may be exercised in light of all factors -- physical, emotional,
- psychological, familial, and the woman's age -- relevant to the
- well-being of the patient[5]. Thus, the Court nominally allowed
- the state to prohibit post-viability abortions except in apparently
- limited cases, but it actually defined the limitation in a way
- that bars the state from prohibiting such abortions if physicians
- are willing to perform them."
-
- [4] 410 U.S. at 163-164
- [5] 410 U.S. 179 (1973)
-
- Mark Tushnet, "The Supreme Court on Abortion: A Survey",
- Abortion, Medicine, and the Law, Third Edition, 1986,
- pp. 162
-
-