It's not more restrictive than Roe
by ndtnguy (2024-04-11 10:46:58)

In reply to: That is not what the advcates are putting on the ballot.  posted by wpkirish

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Or, to be more precise, it's not more restrictive than Doe v. Bolton and Casey v. Planned Parenthood of Southeast Pennsylvania.

Doe and Casey (1) did not subject abortion regulations to strict scrutiny, which that language would and (2) made clear that "mental health" valves had no objective content and were an effective proxy for mere subjective desire.

Also, that amendment defines viability as turning on (a) the good-faith judgment of a treating physician and (b) the child's ability to survive without "extraordinary medical measures," neither of which, as I recall without having looked it up, featured in the "viability" jurisprudence growing out of Casey.

So that measure would be materially more permissive than the regime under Roe and its progeny.

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