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By Mark Graber
Mark Graber writes a great, in-depth research at the factor of abortion. first of all, i must point out over 30 pages of well-researched bibliography with which Mr. Graber helps his argument. What i love approximately this e-book is its pragmatism and a practical research of the difficulty: sufficient of the philosophical/constitutionality debates, allow us to see how abortion legislation at the books differs from abortion legislation in perform then allow us to arrive at an answer. Mr. Graber analyses pro-life and pro-choice positions exhibiting their strengths and weaknesses, after which is going for the kill together with his equivalent selection place.
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Extra info for Rethinking abortion: equal choice, the Constitution, and reproductive politics
Sample text
33 Although some pro-life advocates maintain that states must ban abortion because the Fourteenth Amendment protects unborn humans,34 most leading critics of Roe reject claims that fetuses have a constitutional right to life. Instead, such influential legal scholars as former Judge Robert Bork and Professor John Hart Ely contend that states may ban abortion because the state interest in potential personhood is a sufficient legislative justification for outlawing that procedure in the absence of any constitutional clause that affirmatively protects the right to terminate a pregnancy.
Formal and actual abortion policies differ because those pro-life persons and groups who have had the power to enact or maintain restrictions on procreative choice have never had the power to ensure that those rules are enforced. 1 Historians debate whether abortion bans were originally designed to save fetal lives,2 but law enforcement efforts in practice clearly did not protect the unborn. Although statutory bans on abortion never mentioned race or class, law enforcement officials in many communities created and maintained an exclusive gray market in safe abortion services that catered to affluent families.
Quite frequently, the vast majority of legal abortions in a given state were done in one major city and by one or two major hospitals. 15 Abortion law on the books had even less impact on the total number of abortions performed in the United States.