Where are the laws protecting viable life (i.e., banning abortion at +/- 26 weeks)? Their absence suggests disingenuousness among anti-abortionists. Anti-abortionists should protect life at viability before they attack Roe v. Wade. Since Roe, there have been numerous cases regarding the right to abortion. All those cases, including Roe, affirm the right of the state to prohibit abortion at viability.
Roe v. Wade (1973)
As we have noted, the common law found greater significance in quickening. Physician and their scientific colleagues have regarded that event with less interest and have tended to focus either upon conception, upon live birth, or upon the interim point at which the fetus becomes "viable," that is, potentially able to live outside the mother's womb, albeit with artificial aid. Viability is usually placed at about seven months (28 weeks) but may occur earlier, even at 24 weeks.
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With respect to the State's important and legitimate interest in potential life, the "compelling" point is at viability. This is so because the fetus then presumably has the capability of meaningful life outside the mother's womb. State regulation protective of fetal life after viability thus has both logical and biological justifications. If the State is interested in protecting fetal life after viability, it may go so far as to proscribe abortion during that period, except when it is necessary to preserve the life or health of the mother.
Webster v. Reproductive Health Services (1989)
The tests that §188.029 requires the physician to perform are designed to determine viability. The State here has chosen viability as the point at which its interest in potential human life must be safeguarded. See Mo.Rev.Stat. §188.030 (1986) ("No abortion of a viable unborn child shall be performed unless necessary to preserve the life or health of the woman"). It is true that the tests in question increase the expense of abortion, and regulate the discretion of the physician in determining the viability of the fetus. Since the tests will undoubtedly show in many cases that the fetus is not viable, the tests will have been performed for what were, in fact, second-trimester abortions. But we are satisfied that the requirement of these tests permissibly furthers the State's interest in protecting potential human life, and we therefore believe §188.029 to be constitutional.
Planned Parenthood v. Casey (1992)
In some broad sense it might be said that a woman who fails to act before viability has consented to the State's intervention on behalf of the developing child.
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We also reaffirm Roe's holding that, "subsequent to viability, the State in promoting its interest in the potentiality of human life may, if it chooses, regulate, and even proscribe, abortion except where it is necessary, in appropriate medical judgment, for the preservation of the life or health of the mother."
Stenberg v. Carhart (2000)
Three established principles determine the issue before us. We shall set them forth in the language of the joint opinion in Casey.
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Third, "subsequent to viability, the State in promoting its interest in the potentiality of human life may, if it chooses, regulate, and even proscribe, abortion except where it is necessary, in appropriate medical judgment, for the preservation of the life or health of the mother."
Gonzales v. Carhart (2007)
We assume the following principles for the purposes of this opinion. Before viability, a State‚ "may not prohibit any woman from making the ultimate decision to terminate her pregnancy." 505 U.S., at 879 (plurality opinion). It also may not impose upon this right an undue burden, which exists if a regulation's‚ "purpose or effect is to place a substantial obstacle in the path of a woman seeking an abortion before the fetus attains viability."
To answer the opening question, laws protecting viable life do exist but are rendered unenforceable by an all encompassing health exception.
Doe v. Bolton (1973)
We agree with the District Court, 319 F.Supp. at 1058, that the medical judgment may be exercised in the light of all factors –physical, emotional, psychological, familial, and the woman's age — relevant to the wellbeing of the patient. All these factors may relate to health. This allows the attending physician the room he needs to make his best medical judgment. And it is room that operates for the benefit, not the disadvantage, of the pregnant woman.
A limited exception for the life and "physiological health" of the mother would better serve the state's interest in protecting viable life. Jurists are stating an interest only to negate it. That is hardly prudent.