PHL 304, Week 4 Notes
PHL 304, Week 4 Notes PHL 304
Popular in Contemporary Moral Problems
Popular in Philosophy (introduction to bioethics)
This 2 page Class Notes was uploaded by Zeba Khetani on Wednesday September 28, 2016. The Class Notes belongs to PHL 304 at University of Texas at Austin taught by Dr. Charles Krecz in Fall 2016. Since its upload, it has received 2 views. For similar materials see Contemporary Moral Problems in Philosophy (introduction to bioethics) at University of Texas at Austin.
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Date Created: 09/28/16
09-19-16 PHL 304 Problems and Issues with Blackmun 1. Regarding the trimester framework and technology nd a. 2 trimester: the state can regulate the abortion, but not proscribe it i. What does regulate mean? b. 3 trimester: the state can outlaw abortion because the fetus is viable i. At the end of the 2 trimester, the fetus MAY be viable c. People argue that EVERY fetus is viable (even 1 week) due to technology, but that is ridiculous d. The risk of an abortion has been severely reduced since Roe V Wade e. Viability is constantly improving due to technology 2. Regarding funding and state support a. There is no legal obligation for the state to provide for abortion b. Hyde Amendment: prohibits federal funds for abortion 3. Regarding minors: parental consent/notiﬁcation a. Blackmun does not limit abortions by age i. Most states require parental consent for an abortion 4. 24 hour waiting period a. Blackmun has no waiting period b. Make the woman think about it and make an educated decision c. Against Blackmun because he wants no regulation is the ﬁrst trimester and this waiting period violates that 5. Spousal consent/notiﬁcation 6. Legislative challenges and court decisions: a. Akron v. Akron center i. All 2 trimester abortions must be performed in the hospital- EXPENSIVE ii. Physicians must inform mother about fetus, emotional and physical risk, etc. iii. 24 hour waiting period iiii. Court says that all of these make the mother lean towards not having an abortion so none of these provisions work v. Sandra Day O’Conner dissents by saying that the viability can occur earlier so a state can have SOME interest since conception st 1. She wants regulation from the beginning (1 trimester included) b. Webster v. Reproductive Health services i. Unborn children (not fetus) have protectable interest ii. Illegal for public hospitals and public employees to advocate an abortion and denies public funds for abortion 1. Violates the physician’s rights: 1 amendment 2. Struck down iii. Requires viability test post 20 weeks 1. Vague and expensive 2. Struck down iiii. Sandra Day O’Conner (5-4 decision) 1. State can choose to not fund abortions and to not supply abortion services in public hospitals 2. Viability tests were struck down because they are unreliable a. But technology has changed 2. Viability tests were struck down because they are unreliable a. But technology has changed c. Pennsylvania v. Casey i. Refuse Blackmun’s decision, don’t use tripartite system, ignore right to privacy ii. Penn law: the consent should be informed consent 1. 24 hour waiting period is constitutional 2. Parental consent: one parent must sign a. Violates Roe V. Wade because indirectly allows proscription b. Loophole: go to court against mother’s decision 3. Spousal notiﬁcation: undue burden- this one does not “ﬂy” 2
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