OK, herein provided. In Roe v. Wade (Blackmun) established that there is a constitutional right to an abortion and said this right existed absolutely in the first trimester of pregnancy, in a qualified way in the second (when "state interests" might trump a woman's right to choose) and not at all in the third trimester. I might remark that since DX abortions are third thrimester they would not be protected under the Roe trimester framework.
Casey v. Planned Parenthood (O'Connor) kept the constitutional right to an abortion, but replaced the trimester framework with a single standard, that a state may not place an "undue burden" on a woman's rightto choose at any time in pregnancy. An "undue burden" is a vague standard; I said before that it a burdenb that tees off Justice O'Connor, because she is usually the deciding vote. Not much tees her off. Apparently an absolutely ban on DX abortions does. --jks
>From: sawicky at epinet.org (Max Sawicky)
>Reply-To: lbo-talk at lists.panix.com
>To: <lbo-talk at lists.panix.com>
>Subject: RE: [Fwd: Fwd: Re: Sarah Jessica Parker pressed into service]
>Date: Mon, 6 Nov 2000 11:52:43 -0500
>
>Translation please.
>
>mbs
>
>
>Katha,
>
>Wake up! The Roe trimester framework is dead, killed by Casey, and replaced
>with the undue burden standard. Roe is not the law as far as trimesters
>goes. Really, abortion rights activists should know this.
>
>--Justin Schwartz (a lawyer)
>
>
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