Whatever reality looked like pre-Roe, it was not solely or fundamentally a theological opposition to female autonomy. (From 2021)
, it was not solely or fundamentally a theological opposition to female autonomy that powered the opposition to reproductive freedom. Back then, it was more of a paternalistic notion that women were essentially full-size children who needed to be protected from the predations of abortion providers, yes, but also protected from draconian punishment by the states.
States may consider degrees of culpability as mitigating factors or altogether immunize from prosecution certain participants in wrongful killings. Here such policy choices serve legitimate purposes by fairly balancing the child’s humanity and her unique physical dependence and impact on her mother. And the mother’s constitutional rights could require States to allow urgent or life-saving medical interventions even when these would unavoidably result in fetal death.
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