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  • Title: Abortion and legal process in the United States: an overview of the post-Webster legal landscape.
    Author: Baron CH.
    Journal: Law Med Health Care; 1989; 17(4):368-75. PubMed ID: 2628652.
    Abstract:
    The Webster decision has not satisfied either side of the abortion debate. The pro-choice groups view this decision as indicating a change in the Court's position on abortion. The decision renders Roe's trimester system invalid and creates more room of abortion regulation at the state level. It will change the battle ground from the federal to the state level. The pro-life groups view it as not being restrictive enough. The state's interest in the fetus has been strengthened, but it is not yet as strong as they would like it to be. Most Americans are neither strongly pro-choice or strongly pro-life, they believe that abortion is a very serious matter that deserves careful consideration of the maternal and fetal rights. Looking to France's abortion legislation reveals the fact that compromise is probably the best solution. In 1975 they adopted a law that recognizes both maternal and fetal rights and value. The law allows for abortion up to week 10, but requires proper respect be paid to the fetus. After week 10 the law becomes more restrictive. Also the law encourages the use of contraceptives in order to avoid unwanted pregnancies, and thus abortions. This law satisfies no one, but keeps everyone happy enough that abortion is no longer apolitical issue. In the US, the Roe decision stated that the fetus had no rights or value in the beginning. It also implied that thinking that life begins at conception was wrong. This is not an example of compromise. The Roe decision only enraged the pro-life groups because they felt that the Court had invalidated their position. If however, the Court had admitted that their position had merit, but that there were other, conflicting positions that also had merit and that a compromise was in order, the abortion controversy would not be one of the biggest political issues to date. Some states will have very restrictive laws, other will continue to have liberal access to abortion.
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