See #396... I welcome a libertarian perspective - - I am advancing a libertarian resolution...
I read your post #396, and it appears that you are proposing that the courts decide whether or not an abortion will be permitted on a case-by-case basis. Here are a few problems with that position:
(1) The government (via the court system) would be making life-and-death decisions for the "unborn" based on a woman's age or sexual behavior. Was she willing or not? Has she reached the age of legal consent or not? But, the "unborn" have no control over the age or sexual behavior of the mother.
(2) That system would give the incentive to women to lie and claim that they were raped. And that could lead to unfair punishment of the men involved.
(3) While the pregnant woman is awaiting the trial or hearing, the "unborn" is continuing to develop. Thus, an abortion of a pregnancy at (for example) just 5 weeks could be delayed until a later time when the "unborn" has developed into a much more viable human being.
Above are just a few of the complications that I would predict if the courts made the decision for each woman individually.
As a side note, I'd like to point out that a court making decisions based on a woman's sexual behavior is basing the system on "morals".