Originally posted by Flatbar
Am I correct in the assumption that there is no provision for using this procedure when it would save the life of the mother?
No, there is an exception for the life of the mother, but not for her health.
If you read Kennedy's decision, it's very clear Roe will not be overturned by this court. But the decision was important for several reasons.
- Obviously intact D&E is now illegal (unless the woman's life is in danger).
- Medical uncertainty is now an appropriate premise for regulation. If the medical experts don't agree whether a procedure is safe or necessary, the legislature can regulate it.
- Abortion restrictions no longer
have to include exceptions for the health of the mother.
- Abortions can be restricted so long as alternatives exist. This is very important because it opens the door for a variety of restrictions like parental notification, and outlawing a variety of specific methods, as long as you don't impose an undue burden (restrict all abortions).
In other words, the decision has set in place guidelines for the State to draft further abortion restrictions that will pass constitutional muster.