CAS PH 251 Lecture Notes - Lecture 11: Fourteenth Amendment To The United States Constitution, Fetus, Rational Basis Review
20 Nov 2018
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Document Summary
There"s no real tradition one way or the other ends up taking a more philosophical take for roe uses liberty-> evolving with time with evolving understanding of liberty. Whether or not to have a child is much more intimate, important and personal than say the right to teach a language. How moral analysis enters into the legal scenario. Court: no there is no absolute unfettered right, physical harm, psychological harm. No, not absolute since the court has a compelling interest in the fetus" life some infringement is justified. This is a moral question and the answer has been the point of viability. i. e. the point at which the baby can live outside of the mothers womb. (the right to privacy gets infringed upon after this point. ) Odd result: the line of viability is changing and going backwards because technology is getting better and better and the fetus can survive outside of the womb even earlier.
