A couple of decades ago, Canada had its own defining pair of cases on abortion rights, the R. v. Morgentaler trials. One of the provincial governments decided to pass a law saying women would have to get approval from hospital-appointed tribunals of physicians before they could get legal abortions. The law was struck down by the Supreme Court, on the grounds that allowing doctors that kind of discretion was a violation of the constitutional guarantee of "liberty and security of person". There are now no legal restrictions on abortion in Canada, aside from the regulations that govern all surgical procedures.
I wonder if this proposition will stand up to judicial scrutiny? I confess that I haven't studied the US constitution enough to know if you have an analogous "liberty and security of person" provision.
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branchandroot
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Date: 2008-08-23 10:52 pm (UTC)A couple of decades ago, Canada had its own defining pair of cases on abortion rights, the R. v. Morgentaler trials. One of the provincial governments decided to pass a law saying women would have to get approval from hospital-appointed tribunals of physicians before they could get legal abortions. The law was struck down by the Supreme Court, on the grounds that allowing doctors that kind of discretion was a violation of the constitutional guarantee of "liberty and security of person". There are now no legal restrictions on abortion in Canada, aside from the regulations that govern all surgical procedures.
I wonder if this proposition will stand up to judicial scrutiny? I confess that I haven't studied the US constitution enough to know if you have an analogous "liberty and security of person" provision.