Constitutional Law

The Rights of Pregnant Women and A visibly pregnant Delilah Jones denote that she was going to drink her baby to termination . While Jones superior to use alcohol to induce an abortion or a the birth of a stillborn child may be moralisticly repugnant to most people , a round of case right surrounding abortion and women s reproductive rights indicates that she was inwardly her constitutional rights to make this decision . Although the Supreme courtyard has not govern specifically on the Wisconsin law , it appears that any law which restricts the use of alcohol and separate substances by pregnant women may be unconstitutionalAs noted in Maher v . hard roe (1977 ) the plead has a strong and legitimate interest in boost normal childbearing From an ethical or moral eyeshot , the State s interest in encouraging normal childbirth which by extension includes an interest in encouraging women to subscribe to healthy pregnancies , is deeply rooted in the history of occidental civilization . In addition to these historic ethical and moral considerations in preserving the health of an unborn child , the State too has a compelling economic interest in protect the health of a fetus . The cost of caring for a child born with fetal alcohol syndrome drug addictions , and other(a) complications that are related to the dumbfound s communicate during pregnancy roll in the hay be very high and may place an idle burden on healthcare systems , education systems , and social operate . In many cases , these complications may contribute lifelong implications that take aim ongoing care and additional servicesThese ethical and economic interests in healthy pregnancies have led some States to pass laws regarding the conduct of women during pregnancy and excessive consumption of alcohol or other forms of substance abuse (Wisconsin Statute 48 .02 ,. 3 .

in time , while laws protecting a fetus from the harmful behaviors of the mother may be well-intentioned , a review of germane(predicate) case law indicates that such laws are ultimately unconstitutional and are a violation of the woman s constitutional rightsIn Roe v . Wade (1973 , the Supreme Court ruled that a woman has the right to terminate a pregnancy . Since the Court s ruling in Roe , several attempts have been do to restrict the right to terminate a pregnancy or to prescribe the manner in which a pregnancy may be terminated . In Stenberg v . Carhart (2000 , the Court ruled that laws restricting the use of one of these restrictions , a procedure referred to as partial birth abortion , were unconstitutional . Stenberg affirms the Court s amoral attitude towards abortion which was noted earlier in Maher , that abortion and childbirth , when stripped of the sensitive moral arguments surrounding the abortion careen , are simply two alternative medical methods of transaction with pregnancy In Stenberg , the Court appeared to be saying that women have a wide choice when selecting the manner in which they volition terminate their pregnancies , including choices that other people might find virtuously repugnant . When Jones announced that she was going to drink this baby to death , she was simply...If you want to get a full essay, order it on our website: Orderessay

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