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View Diary: Opening the Door (281 comments)

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  •  easy (none)
    They could argue that they have a compelling government interest in "preserving the life of the unborn child."  In fact, Roe itself acknowledged that such a government interest may exist in the third trimester, if I recall correctly.
    •  Private vs. Government Interest (none)
      It's been a long time since I read the text of Roe, Casey, or other relevant laws. If I remember, though, Roe did not use trimester limits; it used a loosely defined "viability" threshhold for the moment when the interest of the mother ended and the interest of the state took over as controlling interest. Trimesters crept into the discussion at a later date.

      The viability threshhold is somewhere around the 5 to 5 1/2 month point but is left sufficiently vague for a competent doctor to make the call.

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