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Sandra Day O'Connor quotes

Posted: 07/02/2005

Notable Quotations

“[I]t is a constitutional liberty of the woman to have some freedom to terminate her pregnancy.”

“The ability of women to participate equally in the economic and social life of the nation has been facilitated by their ability to control their reproductive lives.”

“Even a post-viability proscription of abortion would be invalid absent a health exception.”

“In my view, this ‘unduly burdensome’ standard should be applied to the challenged [abortion] regulation throughout the entire pregnancy without reference to the particular ‘stage’ of pregnancy involved. If the particular regulation does not ‘unduly burden[ ]’ the fundamental right . . . then our evaluation of that regulation is limited to our determination that the regulation rationally relates to a legitimate state purpose.”

“The Roe framework, then, is clearly on a collision course with itself. As the medical risks of various abortion procedures decrease, the point at which the State may regulate for reasons of maternal health is moved further forward to actual childbirth.”

“Even assuming that there is a fundamental right to terminate pregnancy in some situations, there is no justification in law or logic for the trimester framework adopted in Roe and employed by the Court today on the basis of stare decisis. For the reasons stated above, that framework is clearly an unworkable means of balancing the fundamental right and the compelling state interests that are indisputably implicated.”

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