home *** CD-ROM | disk | FTP | other *** search
- Newsgroups: talk.abortion
- Path: sparky!uunet!gatech!taco!eceyv.ncsu.edu!dsh
- From: dsh@eceyv.ncsu.edu (Doug Holtsinger)
- Subject: Re: Another for Dougie
- Message-ID: <1993Jan23.174740.6923@ncsu.edu>
- Sender: news@ncsu.edu (USENET News System)
- Organization: NCSU
- References: <tbl3yy+@rpi.edu>
- Distribution: na
- Date: Sat, 23 Jan 1993 17:47:40 GMT
- Lines: 70
-
- In article <tbl3yy+@rpi.edu>
- cookc@aix.rpi.edu (rocker) writes:
-
- > From the concurring opinion in Roe v. Wade, written by Justice Burger.
- >
- > Burger concluded: "Plainly, the Court today rejects any claim
- > that the Constitution requires abortion on demand."
- >
- > -Sarah Weddington, _A Question of Choice_, Grosset/Putnam,
- > 1992. p. 163
-
- Let's look at the full context:
-
- "I do not read the Court's holdings today as having the
- sweeping consequences attributed to them by the dissenting
- Justices; the dissenting views discount the reality that
- the vast majority of physicians observe the standards of
- their profession, and act only on the basis of carefully
- deliberated medical judgements relating to life and health.
- Plainly, the Court today rejects any claim that the
- Constitution requires abortion on demand."
-
- Roe v. Wade, 35 L Ed 2d at 185 (1973)
-
- Notice that Burger doesn't mention anything about state
- regulation of abortion in the above paragraph. He appears
- to be defining "abortion on demand" as a situation where
- physicians cannot refuse to perform abortions, and not as
- a situation where the state cannot prohibit abortions.
-
- In a later Court decision, Burger admits that his opinion
- that the Court rejected abortion on demand was wrong:
-
- "In short, every Member of the Roe Court rejected the idea
- of abortion on demand. The Court's opinion today, however,
- plainly undermines that important principle, and I regret-
- fully conclude that some of the concerns of the dissenting
- Justices in Roe, as well as the concerns I expressed in my
- separate opinion, have now been realized.
-
- [...]
-
- Yet today the Court astonishingly goes so far as to say
- that the State may not even require that a woman contemplating
- an abortion be provided with accurate medical information
- concerning the risks inherent in the medical procedure which
- she is about to undergo and the availability of state-funded
- alternatives if she elects not to run those risks.
-
- [...]
-
- We have apparently already passed the point at which abortion
- is available merely on demand. If the [informed consent]
- statute at issue here is to be invalidated, the ``demand''
- will not even have to be the result of an informed choice."
-
- Thornburgh v. American Coll. of Obstr. & Gyn., 476 US at 782--784
-
-
- So it would appear that Justice Burger was wrong in his
- original Roe opinion--Roe v. Wade is unrestricted abortion-
- on-demand.
-
- >-rocker
-
-
- ---
- Doug Holtsinger
- 'finger dsh@odin.ece.ncsu.edu' for documentation which shows that
- Roe v. Wade is unrestricted abortion-on-demand throughout pregnancy.
-