General Discussion
In reply to the discussion: I cannot believe that 'when the soul enters the body' is actually part of the abortion debate [View all]Tumbulu
(6,611 posts)At least this is what I learned when I took a Constitutional law class in 1977 shortly after that decision was rendered.
We read every document and dissent at the time.
And the way it addresses the discussion in that decision seemed so very elegant to me.
The Justices examined this belief through the view of every one of the major religions practiced in the US and describe when each of these religions believes that the soul enters the body.
The range described in that decision is from conception to first breath of the newborn. But most of the mainstream Christian faiths considered it to occur sometime around what used to be described as quickening ( after the 15 th week). However, since the major religious faiths practiced in the US had no agreement whatsoever about this the Justices went to medical and health outcomes at each of the different trimesters.
Up until the third trimester it is safer for the pregnant person to abort than go through the pregnancy and delivery. After the third trimester an abortion is more dangerous. Significantly more.
So they determined that the state could not impose a physical risk on a person and therefore states are allowed to regulate only after the third trimester. As that is when the abortion represents a medical risk. Which of course the medical profession regulates as well.
Anyway, in reading Dobbs, I was struck by the weird combinations both rudeness and stupidity in the argument and the writing. If indeed it was written by one of these justices, they should be really embarrassed.