Schneiderman's Argumentative Essay
New York Attorney General Eric Schneiderman sent a legal opinion to the state comptroller on September 7, which says that abortion after 24 weeks of pregnancy should be allowed in the state.
The criminal law in the state regulates abortions to be performed before 24 weeks or when it is needed to save mother's life.
But, according to Schneiderman health exceptions should permit abortions as any time during a pregnancy because of exceptional health situations. He said that Supreme Court rulings superseded the 1970 state law which criminalized abortions performed later than 24 weeks of pregnancy.
"New York law cannot criminalize what the federal Constitution protects," and that "abortion performed after 24 weeks from the commencement of pregnancy …show more content…
Bolton under the broad categories of physical, emotional, psychological, and family health issues.
"Today's opinion eliminates any ambiguity about the consistency of our state's law with these federal constitutional rights and, as a result, removes an obstacle some New York women may encounter when trying to make their own reproductive health choices," Schneiderman said in a statement.
Schneiderman said that his legal opinion removes the discrepancy between state law and the federal regulations on abortion.
"But the United States Supreme Court has made it clear that the right to choose abortion is constitutionally protected from undue burdens until viability [when the fetus has chances of survival outside of womb], and that the determination of viability must be made by the attending physician," the opinion continued.
Schneiderman's opinion was welcomed by many pro-choice groups, who lobby to eliminate abortion restrictions and regulations.
"Today's opinion by the attorney general is critical confirmation that women have a right to adequate medical care and reproductive choice in New York state," said Donna Lieberman, executive director of the New York Civil Liberties
The criminal law in the state regulates abortions to be performed before 24 weeks or when it is needed to save mother's life.
But, according to Schneiderman health exceptions should permit abortions as any time during a pregnancy because of exceptional health situations. He said that Supreme Court rulings superseded the 1970 state law which criminalized abortions performed later than 24 weeks of pregnancy.
"New York law cannot criminalize what the federal Constitution protects," and that "abortion performed after 24 weeks from the commencement of pregnancy …show more content…
Bolton under the broad categories of physical, emotional, psychological, and family health issues.
"Today's opinion eliminates any ambiguity about the consistency of our state's law with these federal constitutional rights and, as a result, removes an obstacle some New York women may encounter when trying to make their own reproductive health choices," Schneiderman said in a statement.
Schneiderman said that his legal opinion removes the discrepancy between state law and the federal regulations on abortion.
"But the United States Supreme Court has made it clear that the right to choose abortion is constitutionally protected from undue burdens until viability [when the fetus has chances of survival outside of womb], and that the determination of viability must be made by the attending physician," the opinion continued.
Schneiderman's opinion was welcomed by many pro-choice groups, who lobby to eliminate abortion restrictions and regulations.
"Today's opinion by the attorney general is critical confirmation that women have a right to adequate medical care and reproductive choice in New York state," said Donna Lieberman, executive director of the New York Civil Liberties