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 Posted: Sat Jul 21, 2007 11:01 am
I've been told by countless people, including planned parenthood that it is illegal to have a third trimester abortion unless the mothers health is at risk.
I've met someone who says that abortions are legal, for any reason, during all trimesters and refuses to believe that it isn't unless I have a legal back up.
Unfortunatly I can't seem to find the law that says it is...
And he's invoking cases such as Gonzales v. Carhart to prove his point.
Now It's embarassing to say... but I've never really been able to understand legal talk, it confuses me.
So if anyone could help me find the law that I'm looking for, or explain what Gonzales v. Carhart is I would greatly appreciate it.
Because I feel dumb as hell right now. sweatdrop
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Posted: Sat Jul 21, 2007 12:43 pm
When it comes to court cases and such, Wikipedia is your friend. http://en.wikipedia.org/wiki/Gonzales_v._CarhartCheck it out -- it's easier to understand without the full 'legal mumbo jumbo', though I can understand it either way thanks to my law classes. And by the way, this case says NOTHING to support what he stated.
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Posted: Sat Jul 21, 2007 5:44 pm
Technically abortion is legal at all stages. However, they are not all elective abortions. A woman can't go to an abortion clinic and have a third trimester abortion, just because she wants too. The pregnancy would have to be a risk to her health, the fetus would die shortly after birth, it's deformed, or it's already dead.
So no, the person you're arguing is wrong. You can't get a legal abortion at any stage for any reason.
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Posted: Sat Jul 21, 2007 9:07 pm
A big problem is this:
Abortion is legal by federal law until 12 weeks. After that it is at the state's discretion how long elective surgery is permitted.
In order to show that 3rd trimester abortions are banned nation-wide, you'd have to look up the law in every single state concerning abortion.
There are very few places in the US that even perform 3rd trimester abortions (If I'm not mistaken the total number is around 3-5), so you could take that route (find the providers that do it in the 3rd trimester, see what their requirements are to have it done).
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Posted: Fri Jul 27, 2007 2:06 pm
Um, here's what my general understanding of Roe vs. Wade. Please correct me if I'm wrong.
1st Trimester: Abortion is legal.
2nd: State may intervene for the good of the woman.
3rd: State may intervene for god of the fetus. (So, typically, abortions at this stage must be medically necessary.)
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