Vermont Plans To Enshrine Legal Abortions Right Up To Birth
By: John Klar
February 07, 2022
A three-year battle in Vermont is coming to a head over Proposal 5, an amendment to the state constitution that would enshrine existing Vermont abortion “liberties” to terminate pregnancies up until birth.
Roe v. Wade established “viability” as the determinant of when state governments hold a “compelling” interest to protect children. The current challenge to Roe in the Supreme Court concerns a Mississippi law that would ban abortions after 15 weeks. Vermont’s Proposal 5 essentially defines fetal viability at 40 weeks (birth), ignoring both Roe and the science of human development.
The Supreme Court in Roe v. Wade sought to balance not just competing moral and political views, but the two lives at issue:
The pregnant woman cannot be isolated in her privacy. She carries an embryo and, later, a fetus, if one accepts the medical definitions of the developing young in the human uterus… Each grows in substantiality as the woman approaches term and, at a point during pregnancy, each becomes ‘compelling.’ With respect to the state’s important and legitimate interest in potential life, the ‘compelling’ point is at viability.more
https://thefederalist.com/2022/02/07/vermont-plans-to-enshrine-legal-abortions-right-up-to-birth/
