Journal article
Webster Versus Reproductive Health Services
MCN, the American journal of maternal child nursing, Vol.14(6), pp.423-424
11/1989
DOI: 10.1097/00005721-198911000-00014
PMID: 2514333
Abstract
PIP: The US Supreme Court's agreement to decide the Webster v Reproductive Health Service (MIssouri) case represents a direct challenge to the basic premise of the 1973 Roe v Wade decision. While the 1973 decision determined that woman's right to choose abortion during the 1st trimester of pregnancy is protected by the Constitutional right to privacy, the Webster case seeks to restrict access to legal abortion through 20 provisions, 5 of which were addressed by the Supreme Court. The 1st 2 provisions concerned the preamble of the MIssouri statute that contains statements to the effect that life begins at conception and unborn children have inalienable rights. The Supreme Court declined to the rule on the constitutionality of this preamble, maintaining that the preamble did no regulate abortions or medical practice. The 3rd provision involved restrictions on the use of public facilities and employees for the performance of nontherapeutic abortions. The Court upheld this restriction on the grounds that the Constitution does not mandate federal aid to abortion and the withholding of public facilities and funds does not deny women the right to abortion. The 4th provision, which the Court stated was not a moot controversy, made it illegal for public funds, employees, or facilities to be used for abortion counseling. Finally, the 5th provision of the MIssouri statute considered by the Supreme Court requires physicians to determine whether a fetus is viable before an abortion is performed on a woman 20 or more weeks pregnant. The Court found this provision to be constitutional since it furthers the state's interest in protecting viable fetuses and did not stipulate the means to be used to ascertain viability. Although Roe v Wade remains in force, the Supreme Court's actions on this case set the groundwork for other states to enact similarly restrictive statutes.
Details
- Title: Subtitle
- Webster Versus Reproductive Health Services
- Creators
- ANN RHODES - ANN MARIE RHODES. R.N., J.D., is assistant vice president of The University of Iowa, Iowa City. She has previously served as a clinical nurse specialist, staff nurse/supervisor, and instructor of pediatric nursing
- Resource Type
- Journal article
- Publication Details
- MCN, the American journal of maternal child nursing, Vol.14(6), pp.423-424
- Publisher
- Lippincott-Raven Publishers
- DOI
- 10.1097/00005721-198911000-00014
- PMID
- 2514333
- ISSN
- 0361-929X
- eISSN
- 1539-0683
- Language
- English
- Date published
- 11/1989
- Academic Unit
- Nursing
- Record Identifier
- 9984064138302771
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