The implications of Webster for practicing physicians
Article Abstract:
The Supreme Court's ruling in Webster vs Reproductive Health Services is likely to have important long-term effects on medical practice. The court upheld a Missouri law stating that human life begins at conception and the fetus has "protected interests in life, health and well-being." Chief Justice Rehnquist maintained that these statements were value judgments showing preference for birth over abortion and not legal means to restrict abortion. The court also upheld Missouri's ban on use of public places or employees in performing abortions, unless the mother's life is in danger. This law was viewed as another acceptable demonstration of the state's preference for childbirth. Of most practical importance to physicians, the court supported Missouri's law that a physician must evaluate the viability of the fetus (potential to survive after birth) before aborting any fetus thought to be at least 20 weeks old. While Missouri law specifies tests of gestational age, weight and lung maturity, the Supreme Court did allow the physician to use professional judgment and omit a test thought to be irrelevant in a given case. The impact of these rulings on physicians appears minor on the surface - in Missouri, public hospitals cannot perform abortions or train residents to do so. However, the Webster ruling supports greater state control over abortion at a time when the court will be hearing several abortion cases in the coming term. Alternative strategies include aggressive physician involvement to make abortions unnecessary through the prevention of unintended pregnancies. Public education and accurate advertisements for birth control products are suggested approaches.
Publication Name: JAMA, The Journal of the American Medical Association
Subject: Health
ISSN: 0098-7484
Year: 1989
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Planned Parenthood v Casey: the impact of the new undue burden standard on reproductive health care
Article Abstract:
The US Supreme Court decision in Planned Parenthood v Casey upheld women's right to choose abortion but allowed states to place restrictions as long as they do not impose an 'undue burden' on women's choice. The court abandoned the trimester approach to regulation that had been established in Roe v Wade as well as the principle of government neutrality regarding choices that do not involve public funding. Legislated restrictions including parental consent, 24-hour waiting periods and husband notification and consent will jeopardize all women's access to abortion services but will especially hurt women who are poor, minority, young, rural or battered. Because almost all abortion restriction laws impose criminal penalties on doctors who disobey, the ruling will effectively reduce the number of physicians who perform abortions. Amending medical regulations so that trained nurse practitioners and physician assistants could perform abortions could alleviate the shortage and improve women's access to reproductive health care.
Publication Name: JAMA, The Journal of the American Medical Association
Subject: Health
ISSN: 0098-7484
Year: 1993
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Rationale for Banning Abortions Late in Pregnancy
Article Abstract:
Partial-birth abortion should be banned because it is inhumane, unethical and could reasonably be labelled infanticide. This technique is used in the second trimester and involves partially delivering the infant and then killing it. Although it is allegedly only to be performed on infants with severe abnormalities or if the mother's life is in danger, many physicians are performing the technique on healthy mothers and babies. Many of these infants would survive if delivered and there are usually other alternatives besides partial-birth abortion.
Publication Name: JAMA, The Journal of the American Medical Association
Subject: Health
ISSN: 0098-7484
Year: 1998
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