Lynn D. Wardle

The road to moderation: the significance of Webster for legislation restricting abortion.

They only certain outcomes of the Webster decision is that state legislatures will be stimulated to enact more legislation regulating abortion. However it is unlikely that the worst prochoice fears will be realized. A return to the 19th century abortion prohibition era is very unlikely because of trends in Western societal attitudes and laws. Since 1973 and the Roe decision there have been more than 300 bills or acts enacted by state legislatures that regulate abortion. Whether it is criminal prohibitions, licensing requirements, zoning restrictions, parental participation, spousal participation, informed consent, health and sanitation regulations, post viability regulations, laws protecting the right of health care workers not to participate in abortion, public funding restrictions, or regulations of fetal experimentation, abortion regulations have definitely been wide spread. The democratic process is going to produce a moderate position on abortion as a result of the Webster decision for 7 reasons: (1) the period before Roe was a time when abortion legislation was in a trend towards moderation. In 1962 abortion prohibitions were in place in all states. In 1967 4 states adopted an abortion reform position that allowed for abortion in the hard cases: (1) maternal health, (2) fetal defect, (3) rape/incest. Over the next 5 years 9 more states followed and 3 others went even farther by allowing unrestricted abortion during early pregnancy. (2) public opinion is consistent and strong in favoring abortion restrictions except for the hard cases. (3) the trend towards moderation in abortion regulations is closely related to other legal trends toward moderation. No fault divorce was a move towards moderation. The abortion experience in Western Europe was towards moderation. (5) Medical technological developments are putting the power of abortion in the hands of women. Abortificant drugs that can be used without medical assistance give women greater freedom. (6) The history of abortion law enforcement is very moderate. (7) Judicial power continues as all member of the Supreme Court have stated publicly that the Constitution does allow some room for abortion.

Access and conscience: principles of practical reconciliation.

With good planning and good will, medical professionals’ right of conscience and patients’ rights to controversial services can be both protected and accommodated. Virtual Mentor is a monthly bioethics journal published by the American Medical Association.

Fragile Families and Family Law

Family law reforms concerning paternity, child support, illegitimacy, and domestic violence have helped fragile families over the past 50 years. Yet fragile families remain invisible to much of family law because historically lawmakers have focused on the problems of the middle and upper classes. Also, the law still enshrines some confining stereotypes, thus encouraging the poor to enter into unstable, dysfunctional relationships. Strengthening the culture of marriage in society and providing marriage skills training may help fragile families. This is the approach taken in a number of welfare reforms, including the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 and President Bush’s marriage initiatives. Because the law performs channeling and expressive functions in addition to regulatory functions, these marriage initiatives may be judged a success insofar as they have changed the public discourse and raised concerns about marriage as a social good for the underprivileged. Finally, prevention may be more effective than cure when it comes to helping fragile families via the law.