With respect to the State’s important and legitimate interest in potential life, the “compelling” point is at viability. This is so because the fetus then presumably has the capability of meaningful life outside the mother’s womb. State regulation protective of fetal life after viability thus has both logical and biological justifications. If the State is interested in protecting fetal life after viability, it may go so far as to proscribe abortion during that period, except when it is necessary to preserve the life or health of the mother.
Majority decision Roe v Wade
“Proscribe” is defined as “to condemn or forbid as harmful or unlawful: prohibit”.
Therefore the majority opinion says that the State has the right to restrict abortion after viability. After viability is when the abortion procedure called “partial birth” is done.
This form of late term abortion is when the baby’s feet are pulled through the birth canal and a device is inserted into the birth canal that either crushes or punctures the baby’s skull before the head has left the inside of the mother. This of course results in the mother giving birth to an already dead child.
It is barbaric that anyone would argue that you have a Constitutional right to kill a child in this manner but that is exactly what abortion supporters are arguing. Thankfully this issue is going before the Supreme Court where they will have a chance to reverse some of the damage they have inflicted on our society.
Maybe they will get it right this time and stop this form of premeditated murder.