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To: topher
The 1973 Supreme Court decision Doe vs Bolton makes it legal to abort a baby when a woman goes into labor, i.e., anytime during the pregnancy. Roe vs. Wade make abortion legal, Doe vs. Bolton established that a baby can be aborted at any time during the pregnancy -- 1st, 2nd or 3rd trimester...

I just read the text of Doe v. Bolton, and did not see where it barred states from imposing regulation and restrictions on abortion based on gestation length/viability. On the other hand, it did state and affirm Roe's language that the right to abortion on demand is not absolute.

Would you mind pointing me to the section of the decision that specifically bans states from limiting abortion after a certain gestational age?

161 posted on 09/25/2005 3:39:25 PM PDT by ellery (The true danger is when liberty is nibbled away, for expedience, and by parts. - Edmund Burke)
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To: ellery
The web link:

http://www.peopleforlife.org/bolton.html

Contains what Blackmum ruled and other justices concurred with with Justices White and Rehnquist dissenting.

Roe v. Wade made abortion legal.

What Doe v. Bolton argued was that there were a number of restrictions on abortion in Georgia that the Roe v. Wade ruling did not address.

Basically, putting restrictions on abortion (in the case of Doe v. Bolton), the plaintiffs alleged that the Georgia statues were unconstitional, but were not addressed by Roe v. Wade.

There were a number of restrictions listed:

1. Person must be a resident of Georgia

2. Physician must approve the abortion

3. That those performing the abortion could dissent from it based on religious convictions.

But if you understand that Doe v. Bolton, addressed any restrictions on abortion, then that is where throughout the nine months of the pregnancy comes from.

A Freeper lawyer with a background in constitutional law could describe it better.

I have no legal background, but I believe that where the basis for the full nine months of the pregnancy comes from.

Basically, saying the baby is now viable (live outside the womb), would be considered a restriction.

Incidentally, Sandra Canoe, the Doe of Doe v. Bolton, never wanted an abortion. Some attorneys approached saying if she would sign these papers, they would get children returned (who was taken by the state of Georgia). She was pregnant at the time, but she was never informed of what this about, and was asked if she wanted an abortion, but she said no.

She was unaware that they were using her to push this decision through.

But the key point is that Roe v. Wade made abortion legal, and Doe v. Bolton addressed the issue of placing restrictions on abortion (which Roe v. Wade did not address).

It may be as clear as mud, but this is the best explanation I can give, and since I am not a constitutional lawyer, I could be wrong.

Privacy was another aspect of this ruling.

163 posted on 09/25/2005 4:22:02 PM PDT by topher (Please let Old-Fashioned moral values return to the United States!)
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To: ellery
Your question is an excellent one!

The next session of the US Supreme Court takes on two restrictions of abortion -- Parental Consent and Partial Birth Abortion. These might overturn Doe v. Bolton, if my response is correct...

God bless you on the excellent question!

199 posted on 09/26/2005 4:05:09 AM PDT by topher (Please let Old-Fashioned moral values return to the United States!)
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