Should a Supreme Court Precedent Be Changed?

Supreme Court, Abortion, Precedent, Roe v. Wade, Doe v. Bolton, Viability

The Supreme Court set a new precedent with the Roe vs. Wade court decision.

In this case, they decided that women are entitled to abort their preborn children.

While states currently have a little leeway in creating additional restrictions on abortion, their discretion remains fairly limited.

In this discussion, it is important to ask one question in particular.

Why should the pregnant mother’s right to life be any greater than the right to life of her preborn child?

One argument that is sometimes made is that babies should not be regarded as life until they are viable.

Viability refers to a baby’s ability to survive outside of his or her mother’s womb.

However, there are serious flaws in this logic.

For one thing, it is absurd to think that a baby (born or preborn) will ever be able to make it on its own without any help. This holds true for its first several years of life.

Second, it must be noted that the ability for life to be viable outside the womb is constantly expanding.

With advances in technology, the age of viability has become earlier and earlier. For people of all ages, ventilators, feeding tubes, and dialysis machine allow life to be sustained and prolonged artificially.

Should people who rely on these not have the same rights as others?

All people should be protected equally, with the same rights, regardless of age or capacity to sustain life by themselves.

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Image from www.nmnewsandviews.com

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