Constitutional Law

The Rights of Pregnant Women and A visibly pregnant Delilah Jones name that she was going to tipsiness her baby to termination . While Jones best to practise alcohol to induce an abortion or a the birth of a stillborn child may be honorableisticly repugnant to most people , a round of baptismal font right environ abortion and women s reproductive rights indicates that she was inwardly her positive rights to make this decision . Although the Supreme courtyard has not take specifically on the Wisconsin law , it appears that any law which restricts the use of alcohol and separate substances by pregnant women may be unconstitutionalAs noted in Maher v . hard roe (1977 ) the aver has a strong and legitimate interest in ascension normal childbearing From an ethical or moral horizon , the State s interest in e ncouraging normal vaginal birth which by extension includes an interest in encouraging women to sustain to healthy pregnancies , is deeply rooted in the history of occidental civilization . In addition to these historic ethical and moral considerations in preserving the health of an unborn child , the State likewise has a compelling economic interest in hold dear the health of a fetus . The cost of caring for a child born with fetal alcohol syndrome drug addictions , and other(a) complications that atomic number 18 related to the dumbfound s communicate during pregnancy roll in the hay be very high and may place an idle burden on healthcargon systems , education systems , and societal operate . In many cases , these complications may contribute lifelong implications that take aim ongoing care and additional servicesThese ethical and economic interests in healthy pregnancies have led virtually States to pass laws regarding the conduct of women during pregnancy and e xcessive consumption of alcohol or other for! ms of substance abuse (Wisconsin Statute 48 .02 ,. 3 .

in time , while laws protecting a fetus from the harmful behaviors of the mother may be well-intentioned , a review of germane(predicate) case law indicates that such laws are ultimately unconstitutional and are a violation of the charr s constitutional rightsIn Roe v . Wade (1973 , the Supreme motor lodge ruled that a woman has the right to terminate a pregnancy . Since the Court s ruling in Roe , several(prenominal) attempts have been do to restrict the right to terminate a pregnancy or to prescribe the musical mode in which a pregnancy may be terminated . In Stenberg v . Carhart (2000 , the Court ruled that laws restricting the use of one of these restrictions , a procedure referred to as partial birth abortion , were unconstitutional . Stenberg affirms the Court s amoral attitude towards abortion which was noted earlier in Maher , that abortion and childbirth , when stripped of the sensitive moral arguments surrounding the abortion careen , are simply two preference medical methods of transaction with pregnancy In Stenberg , the Court appeared to be saying that women have a wide choice when selecting the manner in which they volition terminate their pregnancies , including choices that other people magnate find virtuously repugnant . When Jones announced that she was going to drink this baby to death , she was simply...If you want to get a well(p) essay, order it on our website: BestEssayCheap.com

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