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Spirit and intention
The Associated Press article âAppeals court refuses to reinstate abortion banâ (June 17) stated that a fetus is unviable at 20 weeks. That is medically questionable.
The Supreme Court in Roe v. Wade defined viability as the point at which a fetus could survive outside the womb. In 1973 when that decision was made, viability was 28 weeks. To be on the safe side, the court set viability at 24 weeks and came up with the trimester scheme.
Now, 48 years later with medical advancements, babies are surviving outside the womb at 22 weeks. According to the spirit and intention of the Roe v. Wade decision, to protect a baby that could survive outside the womb, viability should now be at 18 weeks. At that point, according to Roe, states have a right to pass laws to protect the viable life in the womb. Medicine has advanced, but the law has not kept up.