the simple fact is, abortion is legal in the United States and may not regulate abortion at all during the first trimester
if a woman chooses abortion on her first trimester, she is doing nothing illegal
Roe v. Wade, 410 U.S. 113, 93 S.Ct. 705, 35 L.Ed.2d 147 (1973) [alternate] [District Court opinion] the landmark (7-2) abortion decision voided the abortion laws of nearly every state. Striking down a Texas statute that prohibited all abortions except to save the mother's life, the Supreme Court, per Blackmun, held that abortion was a constitutional right that the states could only abridge after the first six months of pregnancy. More specifically, the Court held that: (1) the Court had jurisdiction; (2) Roe's case was not moot, despite the birth of her child, because the case was "capable of repetition, yet evading review;" (3) the right to privacy includes the right to abortion; (4) since abortion is a fundamental right, state regulation must meet the "strict scrutiny" standard, which means the state must show it has a "compelling interest" in having the law; (5) the word "person" in the 14th Amendment, does not apply to the unborn; (6) the state has an important interest in both preserving the heath of a pregnant woman and in protecting fetal life; (7) the state's interest in maternal health becomes compelling at three months; (8) the state's interest in fetal life becomes compelling at viability--six months; (9) the state may not regulate abortion at all during the first trimester; (10) the state may regulate abortion during the second three months, but only for the protection of the woman's health; (11) the state may regulate or ban abortion during the third trimester to protect fetal life. |
