Download e-book for kindle: Encyclopedia of Crime & Justice Edition 2 by Joshua Dressler (Editor)

By Joshua Dressler (Editor)

ISBN-10: 002865319X

ISBN-13: 9780028653198

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RODMAN, HYMAN; SARVIS, BETTY; and WALKER BONAR, JOY. The Abortion Question. New York: Columbia University Press, 1987. TRIBE, LAURENCE H. Abortion: The Clash of Absolutes. 2d ed. New York: Norton, 1992. WILLIAMS, GLANVILLE. The Sanctity of Life and the Criminal Law. New York: Knopf, 1957. CASES City of Akron v. S. 416 (1983). Doe v. S. 179 (1973). Harris v. S. 297 (1980). Hodgson v. S. 417 (1990). Maher v. S. 464 (1977). Ohio v. S. 502 (1990). Planned Parenthood Association of Central Missouri v.

747 (1986), struck down a similar Pennsylvania requirement that did not except situations where waiting for the second doctor would put the mother’s life or health at risk. Thornburg also invalidated a requirement that post-viability abortions be performed in a way that would allow the unborn child to survive the procedure, if it could be done without significantly greater risk to the mother; this was read as impermissibly demanding that the mother bear an increased medical risk in order to save the fetus.

Efforts to overrule Roe by constitutional amendment, or by packing the Supreme Court, so far have failed. The Court did depart from Roe and nearly overruled it in Webster v. S. 490 (1989). Subsequently, however, the controlling opinion in Planned Parenthood of Southeastern Pennsylvania v. S. 833 (1992), jointly delivered by Justices Sandra Day O’Connor, Anthony Kennedy, and David Souter, reaffirmed Roe’s ‘‘essential holding,’’ although it significantly qualified Roe by allowing states to invoke both maternal health and concern for the life of the fetus as bases for restrictions that inhibit access to abortion at any stage of pregnancy, so long as those restrictions do not amount to an ‘‘undue burden’’ posing a ‘‘substantial obstacle’’ to the abortion of a nonviable fetus.

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Encyclopedia of Crime & Justice Edition 2 by Joshua Dressler (Editor)


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