US top court rejects Arizona abortion ban

January 13, 2014

The U.S. Supreme Court has rejected Arizona's attempt to ban most abortions after 20 weeks of pregnancy.

The decision doesn't disturb most of the similar prohibitions that other states have on the books.

The justices on Monday declined to reconsider a lower court ruling that says the law violates a woman's constitutionally protected right to terminate a pregnancy before a fetus is able to survive outside the womb.

"Viability" of a fetus is generally considered to start at 24 weeks. Normal pregnancies run about 40 weeks.

Gov. Jan Brewer signed the ban into law in April 2012. Nine other states have enacted similar bans starting at 20 weeks or even earlier.

The 9th U.S. Circuit Court of Appeals last year said such bans violate a long string of Supreme Court rulings starting with the landmark Roe v. Wade decision in 1973.

However, most other states' 20-week bans haven't been challenged in court, and the 9th Circuit's ruling is binding only in its nine-state territory, which also includes Idaho.

Other states with 20-week bans include Alabama, Arkansas, Georgia, Idaho, Indiana, Kansas, Louisiana, Nebraska, North Carolina, North Dakota, Oklahoma and Texas.

Supporters of the Arizona ban argued that it protected women's health and prevented fetuses from experiencing pain. Whether fetuses can feel pain before viability is disputed.

Supporters of the Arizona ban expressed disappointment, frustration and determination.

"Often it takes multiple times before the U.S. Supreme Court will take an issue," said Cathi Herod, president of the Center for Arizona Policy. "This fight is far, far from over."

Other states' bans generally haven't been challenged because there weren't doctors whose practices would be affected and who were willing to fight the issue in court, said Janet Crepps, a lawyer for the Center for Reproductive Rights.

Explore further: US court strikes down Arizona 20-week abortion ban

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Returners
1 / 5 (1) Jan 13, 2014
The justices on Monday declined to reconsider a lower court ruling that says the law violates a woman's constitutionally protected right to terminate a pregnancy before a fetus is able to survive outside the womb.


Really?

Where does the constitution guarantee a "right" to abort a child?

I don't remember seeing any such amendment, and it's definitely not in the main body of the document.

If a stranger punches a woman and causes a miscarriage of a fetus it is considered manslaughter. If the woman kills her own fetus, or pays a doctor to do it, then it is a "constitutional right"?

Really?

Not only is that unjust, but there is no such clause or amendment in the Constitution.

Where is the judge getting this BS? They certainly are not getting it from the Constitution.

Where does the constitution say that if a woman kills her own fetus it is okay, guarantee her a "right" to do so, and declare it a crime if a stranger accidentally causes the same effect?

Where? It's not there.
Returners
1 / 5 (1) Jan 13, 2014
Article [X]
The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.


Since abortion is not mentioned in the Constitution, Article X specifically says that is a power of the states or of the people.

Which means it's legality, or lack thereof, is to be determined by State legislature or popular vote, totally contrary to the Supreme Court's ruling.
alfie_null
not rated yet Jan 14, 2014
Where is the judge getting this BS? They certainly are not getting it from the Constitution.

You live in a country surrounded by large numbers of electorate who vehemently disagree with your views. Learn to live with it, or move somewhere else.

I don't get even a hint you acknowledge there are other aspects to the issue. So long as people like you try to completely ignore the other side, the matter will not be resolved. Here's one clue you should have picket up already. Gaining a slight, technical majority and passing a bunch of laws doesn't contribute much toward a solution.

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