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Questions and answers about
abortion rights
Abortions should be safe, legal
and rare—Planned
Parenthood
I and many others argued against the Virginia law when it was
passed in 2003, principally because it appeared to rest on shaky constitutional
grounds. No matter. The politicians in Richmond passed it anyway. The bill was
authored by Del. Robert G. Marshall, R-Manassas, a far right politician who has
long opposed abortion rights.
Before Virginia’s elected
representatives go down this road again, they need to acquire at least a
rudimentary knowledge of abortion rights. Perhaps the following questions and
answers will be helpful to them:
Question:
Does the U. S. Constitution establish abortion rights?
Answer: Yes, but
indirectly. The High Court settled this issue in Roe v. Wade by holding that the
Fourteenth Amendment of the Constitution establishes a right of privacy that is
“broad enough to encompass a woman’s decision whether or not to terminate her
pregnancy.”
Question:
Does the Roe decision allow abortions right up to the day of delivery?
Answer: Yes and no.
The Court said that a gestation period covers three trimesters, consisting of
approximately 12 weeks each. Only during the first trimester does a woman have
an unrestricted right to terminate a pregnancy. In the second, she may
terminate the pregnancy, but only at a full-service medical facility. During
the third trimester, she may not have an abortion unless her life or health is
in jeopardy.
Question:
How have the states handled third-trimester abortion cases?
Answer: Late term
procedures (24 or more weeks) are extremely rare—less than one percent of the
total. Nevertheless, the states have ample authority under Roe v. Wade to restrict
third-trimester abortions. In Virginia, for example, two physicians besides the
attending physician must certify that a late-term procedure is needed to
preserve the life or health of the woman before it can be performed.
Question:
Did the U. S. Supreme Court later modify its original position concerning
second-trimester abortions?
Answer: Yes. In the
1989 case of Webster v. Reproductive Health Services, the High Court stated in
a 5 – 4 decision that a Missouri law that required doctors to perform
second-trimester viability exams was constitutional. However, the Court
declined to specifically overturn Roe.
Question:
Don’t the “unborn” have rights?
Answer: Mr. Justice
Blackmun, writing the majority opinion in Roe v. Wade, stated that “the word
‘person,’ as used in the Fourteenth Amendment, does not include the unborn.”
Question:
Has the Roe v. Wade case ever been reaffirmed by the Supreme Court?
Answer: Yes. In the
1992 case of Planned Parenthood v. Casey, the U. S. Supreme Court reaffirmed
Roe v. Wade, stressing the need for stare decisis (stand by decisions), and for
other reasons.
Question:
Didn’t Congress pass a federal law in 2003 to outlaw IDX (intact dilation and
extraction) abortions in certain late-term procedures?
Answer: Yes. The U.
S. Supreme Court considered multiple challenges to the law, but in the 2007
case of Gonzales v. Carhart ruled 5 – 4 to approve it. As a practical matter
the law has had little effect, since less than one percent of all abortions
come under the law’s purview.
Sources: Gonzales v. Carhart, 550 U.S._____
(2007)
Roe
v. Wade, 410 U.S. 113 (1973)
Webster
v. Reproductive Health Services, 492 U.S. 490 (1989)
Planned Parenthood v. Casey, 505 U.S. 833 (1992)
You can obtain a verbatim copy of the actual Roe v. Wade decision by going to http://roevwadedecision1973.yolasite.com
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