These tools will no longer be maintained as of December 31, 2024. Archived website can be found here. PubMed4Hh GitHub repository can be found here. Contact NLM Customer Service if you have questions.


Pubmed for Handhelds

PUBMED FOR HANDHELDS

Search MEDLINE/PubMed

  • Title: The road to moderation: the significance of Webster for legislation restricting abortion.
    Author: Wardle LD.
    Journal: Law Med Health Care; 1989; 17(4):376-83. PubMed ID: 2628653.
    Abstract:
    They only certain outcomes of the Webster decision is that state legislatures will be stimulated to enact more legislation regulating abortion. However it is unlikely that the worst prochoice fears will be realized. A return to the 19th century abortion prohibition era is very unlikely because of trends in Western societal attitudes and laws. Since 1973 and the Roe decision there have been more than 300 bills or acts enacted by state legislatures that regulate abortion. Whether it is criminal prohibitions, licensing requirements, zoning restrictions, parental participation, spousal participation, informed consent, health and sanitation regulations, post viability regulations, laws protecting the right of health care workers not to participate in abortion, public funding restrictions, or regulations of fetal experimentation, abortion regulations have definitely been wide spread. The democratic process is going to produce a moderate position on abortion as a result of the Webster decision for 7 reasons: (1) the period before Roe was a time when abortion legislation was in a trend towards moderation. In 1962 abortion prohibitions were in place in all states. In 1967 4 states adopted an abortion reform position that allowed for abortion in the hard cases: (1) maternal health, (2) fetal defect, (3) rape/incest. Over the next 5 years 9 more states followed and 3 others went even farther by allowing unrestricted abortion during early pregnancy. (2) public opinion is consistent and strong in favoring abortion restrictions except for the hard cases. (3) the trend towards moderation in abortion regulations is closely related to other legal trends toward moderation. No fault divorce was a move towards moderation. The abortion experience in Western Europe was towards moderation. (5) Medical technological developments are putting the power of abortion in the hands of women. Abortificant drugs that can be used without medical assistance give women greater freedom. (6) The history of abortion law enforcement is very moderate. (7) Judicial power continues as all member of the Supreme Court have stated publicly that the Constitution does allow some room for abortion.
    [Abstract] [Full Text] [Related] [New Search]