So tomorrow my Con Law class discusses the Court's abortion jurisprudence. I figured I'd share with you my thoughts for two reasons: 1) to figure out what exactly those thoughts are, and 2) to refine my thought with your thoughts.
But first, a few preliminary thoughts. In Jewish law, abortion is easily permitted for the first thirty days of a pregnancy (it is regarded as "mere water," the Rabbis tell us). After that first thirty days, abortion is only permitted to protect the health of the mother. It is required to protect her life. The rabbis justify that requirement by weighing the potential life against the known life, and coming down on the side of that which is known versus the mere potential. The rabbi, in determining whether an abortion is halakhically forbidden, permitted, or required, is expected to consult heavily with the woman's medical professionals. N.B.: In all cases, the rabbi makes a halakhic determination based on HIS understanding of the Law. The woman is free to disregard his determination, if her understanding of the Law is different.
So that's where I'm coming from.
That said, Jewish law does not control American courts. Thank G-d. So, let us examine the Court's decisions in Roe and Casey.
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