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Abortion question for paper?
I'm writing a research paper on abortion and I was wondering what the laws were in the U.S. Does it vary from state to state?
The question im looking for is how far along is too far to get an abortion? I've seen different things. I've seen from 12 weeks up to 24 weeks!
- stinkerbutt2uLv 610 years agoFavorite Answer
You can have an abortion up until the time the baby is due. That is called partial birth abortion. It all comes down to a matter of legality and human rights. Many argue that partial birth abortions are protected by the case of Roe verses Wade. Twenty-six years ago the Supreme Court ruled that all women should be allowed to choose whether or not to have abortions, regardless of their individual reasoning. Since then, individual states have enacted laws similar to The Partial Birth Abortion Ban Act to prevent partial birth abortions. However, the United States Supreme Court has recently challenged these individual state laws. Of the twenty-eight states that have enacted partial birth banning laws; nineteen have been challenged; and seventeen were then struck down leaving partial birth abortoins legal (Wagner). The first state to prohibit the procedure was Ohio in the summer of 1995. Ohio's law was also the first to be challenged, and then thrown out because it violated the constitutional right to abortions protected by the Roe vs. Wade decision. However, the Supreme Court has never said that it was a constitutional right to kill a baby that is partially born. In Roe, the Supreme Court said, "the word 'person,' as used in the Fourteenth Amendment, does not include the unborn." But a partial-birth abortion does not involve an "unborn fetus." By definition, it kills a child who is partially born; a child that is now a person and is given inalienable rights that are protected by the constitution (Wagner). The Supreme Court could decide that the murdering of a partially born baby is not protected by Roe v. Wade. Many individual state bans were not allowed to take effect, as was the case in the states of Arkansas, Alabama, Alaska, Kentucky, Louisiana, Nebraska, Arizona, Illinois, Virginia, Georgia, Idaho, Michigan, Montana, Rhode Island, Iowa, and West Virginia. In at least seven other states, the bans have taken effect without legal challenge: Indiana, Tennessee, Oklahoma, South Dakota, South Carolina, Mississippi, and Utah. Portions of the Alabama and Georgia laws have taken effect, yet Virginia and Wisconsin are now the only two states to have had their laws challenged but still take effect (Wagner).
LET ME ADDRESS GWENNIE: You should do more research on partial birth abortions. Even though a federal ban was issued, it is still up to the individual state and there are many states still having difficulty drawing the line on partial birth abortion. You depiction of the procedure is NOT CORRECT. They do not give an injection to kill the baby....
A partial birth abortion is an abortion technique in which the person performing the abortion partially vaginally delivers a living fetus before killing the fetus and completing the delivery. Publicly unveiled in 1992, this method was used to kill more than 5,000 babies annually from 20 weeks through full term until the 2007 Supreme Court decision Gonzalez v. Carhart upheld a federal ban on the procedure.
The 2003 federal ban called partial-birth abortion “brutal and inhumane.”
1. The abortion practitioner grabs the baby’s leg with forceps.
2.The baby’s leg is pulled out
into the birth canal.
3.The abortion practitioner delivers the baby’s entire body except the head.
4.The abortion practitioner jams scissors into the baby’s skull to enlarge the hole.
5.A suction tube is inserted. The child’s brains are sucked out causing the skull to collapse. The dead baby is then removed from the mother.
This is an Ohio abortion practitioner's step by step description of how he performed the partial birth abortion procedure. It accurately depict a partial birth abortion being performed on a baby at 24 weeks gestational age. Most partial birth abortions are performed in the 20-26 week range (the fifth and sixth months), and some are performed even later.Source(s): As for Gonzales v. carhart, you need to read the entire ruling. This was on particular case that was being presented to the supreme court. The Court said that the lower courts had repudiated a central premise of Casey — that the state has an interest in preserving fetal life — and the Court held that the ban fit that interest so as not to create an undue burden. Relying deferentially on Congress's findings that this intact dilation and extraction procedure is never needed to protect the health of a pregnant woman, Kennedy wrote that a health exception was therefore unnecessary. And, where medical testimony disputed Congress's findings, Congress is still entitled to regulate in an area where the medical community has not reached a "consensus." It remains up to the state and it's physicians on partial birth abortion. The procedure listed by GWENNIE is not the same procedure that is done currently for the partial birth abortion. http://en.wikipedia.org/wiki/Gonzales_v._Carhart
- EthelLv 710 years ago
They vary from state to state.
How far is too far? The Supreme Court determined when viability is, 22 weeks-24 weeks depending on the doctor you ask, but this does not count when the woman's life is in threat.
- guzziLv 44 years ago
you do no longer could desire to faux something. in this us of a, u . s . a ., (i'm assuming you reside right here.) abortion is legal and fully the lady's selection and is derived with all the medical privileges of privateness. Wait till you're on the line and make contact with him. tell him you had an abortion and which you're leaving him. If he asks for evidence, which I doubt he will, yet while he does tell him to call the community abortion sanatorium and ask them (have the call and huge style accessible) then carry up and initiate your existence. He could call them, yet I doubt it. he will discern you does not have the call or huge style in case you hadn't been there. and whether he does call them they gained't tell him something simply by privateness Act. Now, that i've got replied your question, I could say that i do no longer condone what you're making plans to do. i'm no longer judging you, I in basic terms think of you and your toddler may well be greater desirable off without all the lies. in basic terms bypass away him. bypass away a notice and say you could no longer enhance a toddler with him and you could desire to start a clean existence without all of that luggage. He ought to anticipate you will abort the being pregnant from that. Then pass on along with your existence. while you're truly fearful of his acquaintances, do no longer tell him the place you're. He could seek for you for a on an analogous time as, yet while his criminality is drugs, have faith me he gets over you quickly sufficient. no longer something is greater important to druggies than the medicine. subsequently your problems with him and his acquaintances. good success to you and your toddler.
- Gwennie BLv 710 years ago
Yes, the laws vary from state to state. When the Supreme Court ruled on Roe. vs. Wade, it gave American women an absolute right to an abortion in the first three months of pregnancy, allowed some government regulation in the second trimester of pregnancy, and declared that states may restrict or ban abortions in the last trimester as the fetus nears the point where it could live outside the womb; in this trimester a woman can obtain an abortion despite any legal ban only if doctors certify it is necessary to save her life or health.
This is a fantastic guide to the state laws on abortion (as of July 1st, 2011), but there are plenty of other maps and diagrams and lists too, if you just Google:
It also bears pointing out, I think, that today, abortion is legal in the U.S., but just because it is a Constitutionally-guaranteed right does not mean that it is necessarily available. Anti-choice activists and politicians use a variety of means by which to limit access to the procedure. Currently, 88% of counties in the U.S. do not have an abortion provider; thanks to protesters who have caused landlords in Kansas to not lease their properties to abortion providers for fear of the negative publicity and ruckus (as happened to Dr. Mila Means in Kansas) and thanks to pointless regulation on facilities (i.e. passing legislation requiring that all abortion providers have janitorial closets built to certain specifications), it is getting to the point where even though women may have the right to get an abortion, they do not have the ability to practice that right. Just recently, South Dakota almost banned abortion completely, without having ever touched its legality; by instituting the aforementioned pointless regulation and giving clinics ONE DAY to comply, they managed to shut down all but ONE abortion provider in the entire state.
A right is not really a right if you cannot access it, so technically, yes, abortion is still legal in the U.S. But qualitatively, on the continuum between "legal" and "illegal", in many places, it is de facto illegal for the women who cannot access it.
Also, let me take a moment to address stinkerbutt2u:
"But a partial-birth abortion does not involve an "unborn fetus." By definition, it kills a child who is partially born." is patently untrue. The procedure of intact dilation and extraction occurs prior to birth, and the Supreme Court allows this procedure to be done provided the fetus is dead before it is delivered (Gonzales v. Carhart, 2007), so the doctor will, at some point before delivery, deliver an injection to the fetus that will kill it. What's more, it should be noted that late-term abortions are not elective; women seeking late-term abortions, like intact dilation and extraction, are doing so because of a threat to their health or life, or due to fetal anomaly.
Hope that helps!
- huezoLv 44 years ago
you do no longer might desire to pretend something. in this united states of america, united states of america, (i'm assuming you reside right here.) abortion is criminal and entirely the female's selection and springs with each and all of the scientific privileges of privateness. Wait till you're on the line and get in touch with him. tell him you had an abortion and which you're leaving him. If he asks for data, which I doubt he will, yet while he does tell him to call the interior sight abortion medical institution and ask them (have the call and huge type accessible) then cling up and initiate your life. He might call them, yet I doubt it. he will determine you will not have the call or huge type in case you hadn't been there. and despite if he does call them they gained't tell him something using privateness Act. Now, that i've got responded your question, I might desire to declare that i do no longer condone what you're making plans to do. i'm no longer judging you, I only think of you and your toddler may be greater suited off without each and all of the lies. only depart him. depart a observe and say you won't be able to improve a toddler with him and you're able to desire to start a clean life without all of that bags. He could anticipate you will abort the being pregnant from that. Then circulate on with your life. while you're extremely afraid of his associates, do no longer tell him the place you're. He might look for you for a whilst, yet while his illegal activity is drugs, have self assurance me he gets over you quickly adequate. no longer something is greater considerable to druggies than the medicine. subsequently your issues of him and his associates. sturdy success to you and your toddler.
- 10 years ago
It does vary from state to state. Some states wont let you have the procedure after your 1st trimester while others let you got to term.