ABORTION

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ABORTION
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ROE V. WADEUTILITARIAN DECISIONBALANCE OF
MOTHERS RIGHTS AND FETUS INTERESTS

• FIRST TRIMESTER
• MOTHERS RIGHTS ABSOLUTE --- RIGHT TO PRIVACY ---
  1,4,5,9,14 AMENDMENTS.
• MOTHER OVER FETUS
• MOTHER OVER STATE
• SECOND TRIMESTER
• MOTHERS RIGHTS VIRTUALLY ABSOLUTE
• MOTHER OVER FETUS (RIGHT TO PRIVACY)
• STATES INTEREST IN HEALTH OF MOTHER OUTWEIGHS
  MOTHERS RIGHT TO UTILIZE UNSAFE FACILITIES
• THIRD TRIMESTER
• MOTHERS RIGHT TO HEALTH ABSOLUTE
• MOTHER OVER FETUS
• STATE MAY TAKE INTEREST IN FETUS AS POTENTIAL
  CITIZEN AND CONFER RIGHTS ON THE FETUS

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RIGHT TO PRIVACYU.S. CONSTITUTION AMENDMENT I

• AMENDMENT I
• CONGRESS SHALL MAKE NO LAW RESPECTING AN
  ESTABLISHMENT OF RELIGION, OR PROHIBITING THE
  FREE EXERCISE THEREOF OR ABRIDGNING THE FREEDOM
  OF SPEECH, OR OF THE PRESS OR THE RIGHT OF THE
  PEOPLE PEACEABLY TO ASSEMBLE, AND TO PETITION THE
  GOVERNMENT FOR A REDRESS OF GRIEVANCES.

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RIGHT TO PRIVACYU.S. CONSTITUTION AMENDMENT IV

• AMENDMENT IV
• THE RIGHT OF THE PEOPLE TO BE SECURE IN THEIR
  PERSONS, HOUSES, PAPERS, AND EFFECTS, AGAINST
  UNREASONABLE SEARCHES AND SIEZURES, SHALL NOT BE
  VIOLATED, AND NO WARRANTS SHALL ISSUE, BUT UPON
  PROBABLE CAUSE, SUPPORTED BY OATH OR AFFIRMATION,
  AND PARTICULARLY DESCRIBING THE PLACE TO BE
  SEARCHED, AND THE PERSONS OR THINGS TO BE SIEZED.

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RIGHT TO PRIVACYU.S CONSTITUTION AMENDMENT V

• AMENDMENT V
• NO PERSON SHALL BE HELD TO ANSWER FOR A CAPITAL,
  OR OTHERWISE INFAMOUS CRIME, UNLESS ON A
  PRESENTMENT OR INDICTMENT OF A GRAND JURY, EXCEPT
  IN CASES ARISING IN THE LAND OR NAVAL FORCES, OR
  IN THE MILITIA, WHEN IN ACTUAL SERVICE IN TIME OF
  WAR OR PUBLIC DANGER NOR SHALL ANY PERSON BE
  SUBJECT FOR THE SAME OFFENSE TO BE TWICE PUT IN
  JEOPARTY OF LIFE OR LIMB NOT SHALL BE COMPELLED
  IN ANY CRIMINAL CASE TO BE A WITNESS AGAINST
  HIMSELF, NOR BE DEPRIVED OF LIFE, LIBERTY, OR
  PROPERTY, WITHOUT DUE PROCESS OF LAW NOR SHALL
  PRIVATE PROPERTY BE TAKEN FOR PUBLIC USE, WITHOUT
  JUST COMPENSATION.

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RIGHT TO PRIVACYU.S. CONSTITUTION AMENDMENT IX

• AMENDMENT IX
• THE ENUMERATION IN THE CONSTITUTION, OF CERTAIN
  RIGHTS, SHALL NOT BE CONSTRUED TO DENY OR
  DISPARAGE OTHERS RETAINED BY THE PEOPLE.

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RIGHT TO PRIVACYU.S. CONSTITUTION AMENDMENT
XIV SECTION 1

• ALL PERSONS BORN OR NATURALIZED IN THE UNITED
  STATES, AND SUBJECT TO THE JURISDICTION THEREOF,
  ARE CITIZENS OF THE UNITED STATES AND OF THE
  STATE WHEREIN THEY RESIDE.
• NO STATE SHAL MAKE OR ENFORCE ANY LAW WHICH
  ABRIDGES THE PRIVILEGES OR IMMUNITIES OF CITIZENS
  OF THE UNITED STATES
• NOR SHALL ANY STATE DEPRIVE ANY PERSON OF LIFE,
  LIBERTY, OR PROPERTY, WITHOUT DUE PROCESS OF
  LAW
• NOR DENY TO ANY PERSON WITHIN ITS JURISDICTION
  THE EQUAL PROTECTION OF THE LAWS.

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PLANNED PARENTHOOD V. CASEY1992

• REAFFIRMATION OF ROE V. WADE
• REJECTION OF STRICT TRIMESTER APPROACH
• EARLIER VIABILITY
• UNDUE BURDEN TEST
• INFORMED CONSENT --- 24-HOUR WAITING PERIOD
  UPHELD
• PARENTAL NOTIFICATION FOR UNEMANCIPATED MINOR
  WITH JUDICIAL BYPASS UPHELD
• NOTIFICATION OF SPOUSE REJECTED
• NO NOTIFICATION OF FATHER IF NOT HUSBAND

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PLANNED PARENTHOOD V. CASEY1992

• THESE MATTERS, INVOLVING THE MOST INTIMATE AND
  PERSONAL CHOICES A PERSON MAY MAKE IN A LIFETIME,
  CHOICES CENTRAL TO PERSONAL DIGNITY AND AUTONOMY,
  ARE CENTRAL TO THE LIBERTY PROTECTED BY THE 14TH
  AMENDMENT . . . AT THE HEART OF LIBERTY IS THE
  RIGHT TO DEFINE ONES CONCEPT OF EXISTENCE, OF
  MEANING, OF THE UNIVERSE, AND OF THE MYSTERY OF
  HUMAN EXISTENCE.

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PERSONHOOD AND ABORTION

• PERSON (METAPHYSICAL TERM)
• HUMAN (TAXONOMIC TERM)
• CONFUSION OF PRESENT PREDICATES WITH FUTURE
  PREDICATES
• FOUNDATION OF PERSON
• DNA SEQUENCE
• ABILITY TO EXPERIENCE PAIN
• MANIFESTATION OF RATIONALITY
• POTENTIAL FOR RATIONALITY
• MANIFESTATION OF AESTHETIC APPRECIATION
• POTENTIAL FOR AESTHETIC APPRECIATION
• BEARERS OF RIGHTS

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WARREN ON PERSON

• MEMBERSHIP IN MORAL COMMUNITY
• CHARACTERISTICS OF PERSONS
• CONSCIOUSNESS (OF OBJECTS AND EVENTS EXTERNAL
  AND/OR INTERNAL TO THE BEING), AND IN PARTICULAR
  THE CAPACITY TO FEEL PAIN
• REASONING (THE DEVELOPED CAPACITY TO SOLVE NEW
  AND RELATIVELY COMPLEX PROBLEMS)
• SELF-MOTIVATED ACTIVITY (ACTIVITY WHICH IS
  RELATIVELY INDEPENDENT OF EITHER GENETIC OR
  DIRECT EXTERNAL CONTROL
• THE CAPACITY TO COMMUNICATE BY WHATEVER MEANS,
  MESSAGES OF AN INDEFINITE VARIETY OF TYPES -- ON
  INDEFINITELY MANY POSSIBLE TOPICS
• THE PRESENCE OF SELF-CONCETPS, AND SELF-AWARENESS
  EITHER INDIVIDUAL OR RACIAL, OR BOTH

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ENGELHARDT ON PERSONS

• BEARERS OF DIGNITY
• SANCTITY OF LIFE
• OBJECTS OF VALUE
• AMENDMENT PROTECTABLE HUMAN LIFE
• STRICT SENSE --- PERSONS AS INDIVIDUAL BEARERS OF
  RIGHTS AND DUTIES
• SOCIAL SENSE --- HUMAN BIOLOGICAL LIFE FULFILLING
  A ROLE AND TREATED AS IF A PERSON

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ENGELHARDT ON PERSONSWAYS OF TALKING ABOUT
PERSONS

• PERSONS ARE ENDS IN THEMSELVES
• RATIONAL SELF-CONSCIOUS AGENTS
• CAN EXPERIENCE THEMSELVES
• CAN KNOW THAT THEY EXPERIENCE THEMSELVES
• CAN DETERMINE AND CONTROL THE CIRCUMSTANCES OF
  THEIR EXPERIENCES
• PERSONS ACT RESPONSIBLY
• PERSONS CAN BE INSTRUCTED IN THEIR DUTIES
• PERSONS CAN BE BOUND TOGETHER WITH MUTUAL RESPECT
  FOR EACH OTHERS AUTONOMY

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BALANCE OF RIGHTS (AND INTERESTS)

• BEARERS OF DIGNITY VS. OBJECTS OF VALUE
  PROTECTABLE HUMAN LIFE
• PERSONS VS. PERSONS
• PERSONS VS. POTENTIAL PERSONS
• PERSONS VS. NON-PERSONS
• PERSONS VS. NON-POTENTIAL PERSONS

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POSSIBLE REASONS FOR HAVING AN ABORTION

• MOTHERS HEALTH
• RAPE
• INCEST
• UNWANTED PREGNANCY
• AGE (ADOLESCENCE OR ADVANCED YEARS)
• ECONOMIC
• SOCIAL CONDITION
• CAREER
• CONVENIENCE
• GENETIC DISEASE
• SEX PREFERENCE

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WAYS OF CLASSIFYING GENETIC DISEASE

• EARLY ONSET AND SEVERLY DEBILITATING
• TAY SACHS OR ANENCEPHALY
• LATE ONSET AND SEVERLY DEBILITATIING WITH DECENT
  QUALITY OF LIFE BEFORE ONSET
• MULTIPLE SCLEROSIS OR HUNTINGTONS CHOREA
• EARLY ONSET AND DEGENERATIVE OVER A NUMBER OF
  YEARS BUT WITH DECENT QUALITY OF LIFE WITH PROPER
  MAINTENACE
• CYSTIC FIBROSIS
• RELATIVELY LATE ONSET (SOMETIMES EVEN EARLY
  ONSET) AND MILDLY/MODERATELY/SEVERELY
  INCONVENIENT WITH PROPER MAINTENANCE
• SOME FORMS OF DIABETES