Endnotes to Part 9: Death of a Child
24. The decision includes some restriction on abortion in late term pregnancies. The restriction has been interpreted by later abortion decisions by the Court in a way that guts the restriction of any force or meaning. A states restriction on abortion must allow an exception for the “health” of the mother. “Health” concerns are to be decided by her physician exclusively, and include her emotional health. Therefore, an abortionist physician can justify any abortion, and generally does so. The interest is likely not the health interest of the mother, but the financial interest of the abortion clinic.
25. The Supreme Court has avoided the question of “justified homicide” by ignoring the question of the humanity of the fetus and by implicitly treating the unborn fetus as a legal non-person.
