By Laurie Shrage
Shrage argues that Roe v Wade's regulatory scheme of a six-month time span for abortion on call for polarized the general public and obscured possible choices with possibly broader aid. She explores the origins of that scheme, then defends an alternative one--with a time span shorter than 6 months for non-therapeutic abortions--that may well win vast aid had to make felony abortion providers to be had to all girls.
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Extra info for Abortion and Social Responsibility: Depolarizing the Debate (Studies in Feminist Philosophy)
Wade. The Court would have done far better to proceed slowly and incrementally, and on grounds that could have gathered wider social agreement and thus fractured society much less severely. The Court might have ruled that abortions could not be prohibited in cases of rape or incest, or that the law at issue in Roe was invalid even if some abortion restrictions might be acceptable. 69 Blackmun's initial scheme, compared to his revised scheme, would have provided more room for democratically elected state legislators to find creative solutions acceptable to larger constituencies.
But the justices were divided in regard to the various vagueness rulings. When it became apparent to the justices in favor of invalidating the Texas law that there was a majority for striking it down on privacy grounds, an apparent "conceptual difficulty" arose. The Court faced the issue of whether the state could override a woman's fundamental right to privacy at any point in a pregnancy to protect an entity that was not a legal person. That is, acceptance of the idea that a woman's right to privacy encompassed the decision to abort seemed inconsistent with any government prohibition of abortion, even late-term nontherapeutic ones.
25 quire that the right to unrestricted abortion be as broad as six months. Moreover, none of these defenses requires that the right to unrestricted abortion be limited by some fetal capacity such as viability. Although Rhoden recognizes the ways in which the concept of "viability" has become morally irrelevant, she argues for retaining viability to mark the upper limit for unrestricted abortion. 78 Rhoden describes different hypothetical medical contexts in order to demonstrate that a continued emphasis on survivability will lead to unintuitive legal results.