The Pros And Cons Of SB 127

With the passing of Roe v. Wade in 1973, the controversy surrounding abortion only just begun, unlike what the justices hoped for. Throughout the following decades, a multitude of cases were presented to the courts surrounding the issue of abortion. While the issue of abortion has been debated thoroughly, individuals on both sides of the issue still voice their opinion in hopes to be heard and enact policy change. The job before the court today is to decide the constitutionality of SB 127 here in ACLU et al. v. DeWine. After reviewing case precedent and examining the current literature, the decision stands that SB 127 is unconstitutional due to fetal viability, privacy, as well as the health of the mother.

Justice Blackmun's trimester framework

Section 2919.201 does not allow for a general exception to a woman’s health. However, when a woman’s life without an abortion “would result in the pregnant woman’s death or a substantial and irreversible impairment of a major bodily function”, an abortion may be performed (SB 127, Section 2919.201 (B)(2), (D)(2)). However, first the physician must obtain a certification from a second physician in writing before performing said abortion (SB 127, Section 2919.201 (D)(2)). Arguably, if a woman’s health is in grave danger, often times, a doctor must make a reasonable and rational decision on his or her own. Gathering the agreement in writing by a second physician may waste valuable time for the woman, further putting her health in

That being said, precautions set forth beginning in Roe v. Wade, help to decrease the likelihood of complications. In Blackmun's majority opinion, he cites that “abortions in the second trimester and early abortions in the presence of existing medical complications be performed in hospitals as inpatient procedures...abortions should be performed by physicians or osteopaths who are licensed to practice and who have adequate training” (Justice Blackmun, Roe v. Wade majority opinion). Furthermore, standards as well as recommended standards for abortion services were set forth in 1970 by the American Public Health Association to help regulate abortions and make them safer for the mother (Justice Blackmun, Roe v. Wade, Majority Opinion). As technological advancements have been made, safety precautions have vastly improved since the time of Roe v. Wade. As such, increased regulation is not as necessary as it once was for the safety of the