PHL 223: Week 8
PHL 223: Week 8 PHL 223
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This 1 page Class Notes was uploaded by Paola Araque on Wednesday March 23, 2016. The Class Notes belongs to PHL 223 at University of Alabama - Tuscaloosa taught by Stuart Rachels in Summer 2015. Since its upload, it has received 17 views. For similar materials see Medical Ethics in PHIL-Philosophy at University of Alabama - Tuscaloosa.
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Date Created: 03/23/16
Lecture (Abortion continued) ❖ Following Griswold, the Court held that outlawing abortion violates a woman’s right to privacy ❖ 03 months: the government has no compelling interest that outweighs this right ❖ So, States may not interfere with abortion in the first trimester; it’s unconstitutional. ❖ After viability (69 months), states may decide that the fetus’s potential outweighs the woman’s right to privacy. ❖ So, states may, if they choose, make abortion illegal after viability except when the woman’s life or health is at stake. ❖ A state could keep abortion legal throughout pregnancy. ❖ Abortion is illegal after viability, in all 50 states. ❖ Gallup poll 1972→should abortion be a woman’s choice? ➢ More Republicans said yes than democrats ➢ Catholics said yes ❖ Nixon→when abortion was an issue, prolife. ❖ After Roe? ➢ 1.5 million abortions per year ➢ Now less ➢ 1985 → 80% of abortion clinics had protestors ➢ 19772001→7 murders committed, 17 attempted ➢ Today→ 23% of pregnancies in the U.S. end in abortions ❖ Planned Parenthood vs. Casey (1992) ➢ Majority of Supreme COurt was republicans, 54 decision ➢ The Court added to Roe→states may protect the fetus’s potential throughout the pregnancy, and so, states may discourage abortion if the laws don’t place an undue burden on the woman. ➢ An undue burden: ■ Parental consent→no ● But there must be a judicial bypass clause (AL) ■ Informed consent laws→no ● Includes 24 hour wait period ■ Spousal notification→yes ● Abusive husbands ❖ The Morality of Abortion ➢ Does the fetus have the right to life? ➢ Is being an innocent human being what matters? ➢ Possible counter examples: ■ Someone permanently unconscious
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