The Wisconsin Supreme Court’s liberal majority struck down the state’s 176-year-old abortion ban on Wednesday, ruling 4-3 that it was superseded by a newer state law that criminalizes abortions only after a fetus can survive outside the womb.
The Wisconsin Supreme Court’s liberal majority struck down the state’s 176-year-old abortion ban on Wednesday, ruling 4-3 that it was superseded by a newer state law that criminalizes abortions only after a fetus can survive outside the womb.
“Viability” can even be quite fuzzy, because it all depends on the capabilities of medical science, and even then there’s a gray area. And who gets to decide whether a fetus that tests for a given birth defect is “viable”? Does “viable” mean that the fetus can be forced to have a heartbeat outside of the womb, even if they have to be cared for in a vegetative state forever?
Determined solely by the patient’s delivering physician at time of procedure. Full stop.
The law should not practice medicine.
You’re not wrong, but if the law says “legal until viable”, then that physician’s decision must be reviewable in court. Which means that no physician is going to sign off on “not viable” and put themselves at legal risk.
This is why the law should just say “legal”, full stop. (e: I just realized that you also used the phrase “full stop.” I promise I was not trying to be snarky, it just came out.)