Abortion conundrums
FREE Catholic Classes
Much of the initial reaction to the decision was driven by Justice Ruth Bader Ginsburg's fiery dissent to Justice Anthony Kennedy's majority opinion. Ginsburg accused the court of ignoring its own precedents in Roe and Planned Parenthood v. Casey by upholding a law that banned an abortion procedure without providing an exemption to ensure the health of the woman.
In doing so, the majority deferred to the determination made by Congress - one Ginsburg scathingly dismissed - that there was little medical evidence that "partial-birth abortion" is ever necessary to protect a woman's health. At the same time, however, the decision left room for a future challenge to the law should a specific case be brought forward establishing that the procedure is medically necessary to protect a woman's health.
Much of the significance of the ruling may turn on a technical aspect of the law having to do with what are called "facial," as opposed to "as-applied," challenges to the constitutionality of a statute. Historically, the court has overturned on a "facial" basis most attempts to restrict access to abortion. In Carhart, however, a potentially dramatic, if limited, change has taken place in how the court approaches abortion regulation. It now appears that the court is willing to examine restrictions or regulation of abortion on an "as-applied" basis. "The idea," writes Benjamin Wittes in "Winner Takes Some" (New Republic Online), "is that a law that's constitutional most of the time should not be invalidated because one can imagine circumstances in which its enforcement would violate someone's rights."
What this seems to mean is that the court may permit further regulation. For example, several states have passed laws requiring a pregnant woman to view a sonogram of her fetus before she can have an abortion. Since viewing a sonogram is unlikely to endanger a woman's life or health, or to impose, in Casey's terms, an "undue burden" on her access to abortion, such requirements would probably be judged constitutional in light of Carhart.
Making Carhart even more complicated, however, is that the decision further embeds the principles of Roe in the court's jurisprudence. Like Casey, this opinion strongly reaffirms a woman's fundamental constitutional right to an abortion, even as it seems to reinterpret the scope of Roe's stipulation that the state has a legitimate interest in regulating access to late-term abortions as long as such regulation does not impose an undue burden.
What will be the political consequences of the decision? As Cathleen Kaveny wrote in our last issue ("Regulating Abortion," May 4), the ruling promises to extend the "abortion wars" for decades to come. (Especially disappointing in this regard was the knee-jerk and short-sighted reaction of all the Democrats running for president.) An alternative, Kaveny wrote, is to "design a law that prohibits a range of late-term abortions, which at the same time includ[es] a clear and defined health exception."
That makes sense. Despite the extreme polarization between the political parties on abortion, there already exists a national consensus on the issue. Most Americans think that second- and especially third-trimester abortions should be largely prohibited. At the same time, while most Americans think abortion is rarely a good choice, they think that during the first three months of pregnancy, abortion should be an individual woman's decision. Abortion-rights activists, however, refuse to compromise on a "woman's right to choose," while many in the prolife movement insist that abortion be outlawed in almost every instance.
For now, neither of these views is politically or legally tenable. Because of the respect rightly accorded to the moral autonomy and physical integrity of every individual, society is hesitant to police pregnant women. Still, it is important that the law clearly teach that a woman's autonomy is not absolute when it comes to abortion. Of course, the law can do only so much. Any meaningful reduction in the number of abortions depends on our ability to persuade women that abortion is almost never necessary. Part of that effort at persuasion should include the guarantee that the basic material needs of every child brought into this world will be met. Still, as an expression of society's rejection of an unlimited abortion franchise, Carhart is a small step in the right direction.
We ask you, humbly: don't scroll away.
Hi readers, it seems you use Catholic Online a lot; that's great! It's a little awkward to ask, but we need your help. If you have already donated, we sincerely thank you. We're not salespeople, but we depend on donations averaging $14.76 and fewer than 1% of readers give. If you donate just $5.00, the price of your coffee, Catholic Online School could keep thriving. Thank you.Help Now >
Contact
Commonweal Magazine: A Review of Religion, Politics and Culture
http://www.commonwealmagazine.org
,
- ,
Keywords
More Catholic PRWire
Showing 1 - 50 of 4,716
A Recession Antidote
Randy Hain
Monaco & The Vatican: Monaco's Grace Kelly Exhibit to Rome--A Review of Monegasque-Holy See Diplomatic History
Dna. Maria St. Catherine Sharpe, t.o.s.m., T.O.SS.T.
The Why of Jesus' Death: A Pauline Perspective
Jerom Paul
A Royal Betrayal: Catholic Monaco Liberalizes Abortion
Dna. Maria St.Catherine De Grace Sharpe, t.o.s.m., T.O.SS.T.
Embrace every moment as sacred time
Mary Regina Morrell
My Dad
JoMarie Grinkiewicz
Letting go is simple wisdom with divine potential
Mary Regina Morrell
Father Lombardi's Address on Catholic Media
Catholic Online
Pope's Words to Pontifical Latin American College
Catholic Online
Prelate: Genetics Needs a Conscience
Catholic Online
State Aid for Catholic Schools: Help or Hindrance?
Catholic Online
Scorsese Planning Movie on Japanese Martyrs
Catholic Online
2 Nuns Kidnapped in Kenya Set Free
Catholic Online
Holy See-Israel Negotiation Moves Forward
Catholic Online
Franchising to Evangelize
Catholic Online
Catholics Decry Anti-Christianity in Israel
Catholic Online
Pope and Gordon Brown Meet About Development Aid
Catholic Online
Pontiff Backs Latin America's Continental Mission
Catholic Online
Cardinal Warns Against Anti-Catholic Education
Catholic Online
Full Circle
Robert Gieb
Three words to a deeper faith
Paul Sposite
Relections for Lent 2009
chris anthony
Wisdom lies beyond the surface of life
Mary Regina Morrell
World Food Program Director on Lent
Catholic Online
Moral Clarity
DAN SHEA
Pope's Lenten Message for 2009
Catholic Online
A Prayer for Monaco: Remembering the Faith Legacy of Prince Rainier III & Princess Grace and Contemplating the Moral Challenges of Prince Albert II
Dna. Maria St. Catherine Sharpe
Keeping a Lid on Permissiveness
Sally Connolly
Glimpse of Me
Sarah Reinhard
The 3 stages of life
Michele Szekely
Sex and the Married Woman
Cheryl Dickow
A Catholic Woman Returns to the Church
Cheryl Dickow
Modernity & Morality
Dan Shea
Just a Minute
Sarah Reinhard
Catholic identity ... triumphant reemergence!
Hugh McNichol
Edging God Out
Paul Sposite
Burying a St. Joseph Statue
Cheryl Dickow
George Bush Speaks on Papal Visit
Catholic Online
Sometimes moving forward means moving the canoe
Mary Regina Morrell
Action Changes Things: Teaching our Kids about Community Service
Lisa Hendey
We ask you, humbly: don't scroll away.
Hi readers, it seems you use Catholic Online a lot; that's great! It's a little awkward to ask, but we need your help. If you have already donated, we sincerely thank you. We're not salespeople, but we depend on donations averaging $14.76 and fewer than 1% of readers give. If you donate just $5.00, the price of your coffee, Catholic Online School could keep thriving. Thank you.Help Now >
Easter... A Way of Life
Paul Spoisite
Papal initiative...peace and harmony!
Hugh McNichol
Proclaim the mysteries of the Resurrection!
Hugh McNichol
Jerusalem Patriarch's Easter Message
Catholic Online
Good Friday Sermon of Father Cantalamessa
Catholic Online
Papal Address at the End of the Way of the Cross
Catholic Online
Cardinal Zen's Meditations for Via Crucis
Catholic Online
Interview With Vatican Aide on Jewish-Catholic Relations
Catholic Online
Pope Benedict XVI On the Easter Triduum
Catholic Online
Holy Saturday...anticipation!
Hugh McNichol
Join the Movement
When you sign up below, you don't just join an email list - you're joining an entire movement for Free world class Catholic education.
-
Mysteries of the Rosary
-
St. Faustina Kowalska
-
Litany of the Blessed Virgin Mary
-
Saint of the Day for Wednesday, Oct 4th, 2023
-
Popular Saints
-
St. Francis of Assisi
-
Bible
-
Female / Women Saints
-
7 Morning Prayers you need to get your day started with God
-
Litany of the Blessed Virgin Mary
Sacrifices of Faith: The Pro-Life Legacies of St. Gianna and Jessica Hanna
-
How to love God by caring for our bodies
-
Pope Francis calls for negotiations to End Russia-Ukraine War
-
Pope Francis Contemplates Return to U.S. for United Nations Assembly Address
-
Pope Francis Calls on Faithful to Embrace Faith, Hope, and Charity in New Teaching Series
Daily Catholic
- Daily Readings for Saturday, April 27, 2024
- St. Zita: Saint of the Day for Saturday, April 27, 2024
- Prayer for the Dead # 2: Prayer of the Day for Saturday, April 27, 2024
- Daily Readings for Friday, April 26, 2024
- St. Cletus: Saint of the Day for Friday, April 26, 2024
- Prayer before the Closing of the Day: Prayer of the Day for Friday, April 26, 2024
Copyright 2024 Catholic Online. All materials contained on this site, whether written, audible or visual are the exclusive property of Catholic Online and are protected under U.S. and International copyright laws, © Copyright 2024 Catholic Online. Any unauthorized use, without prior written consent of Catholic Online is strictly forbidden and prohibited.
Catholic Online is a Project of Your Catholic Voice Foundation, a Not-for-Profit Corporation. Your Catholic Voice Foundation has been granted a recognition of tax exemption under Section 501(c)(3) of the Internal Revenue Code. Federal Tax Identification Number: 81-0596847. Your gift is tax-deductible as allowed by law.