미국에서의 낙태에 관한 법적 논쟁

Abstract

The U.S. Supreme Court has dealt with the abortion problem through a several its decisions, for example, Roe v. Wade(1973), Webster v. Reproductive Health Services(1989), Planned Parenthood of Southeastern Pennsylvania v. Casey(1992), Stenberg v. Carhart(2000), Gonzales v. Carhart (2007) ect. Constitutional interpretation has been divided interpretivism which searches the intention of legislator and non-interpretivism which creates the law by d judge. The right of abortion as the privacy right is given to every humane being but it can be limited by the right of life to fetus. Fetus is not a person but if it gains the viability it must not be violated like the life of the humane being. The Court judges that the principle of the legal fiction does not govern regardless of present pregnancy because the pregnance is going on amidst the trial. The U.S. Supreme Court has applied to the “strict scrutiny” standard to abortion regulation until 1992. After 1992, however the Court discarded it and replaced it with the new “undue burden” standard which is unconstitutionality that a state regulation has the purpose or effect of placing a substantial obstacle in the path of a woman seeking an abortion of a nonviable fetus. In Bellotti v. Baird Ⅱ(1979), the Court established the criteria as allowable restriction when minor woman`s access to abortion seek a waiver of parental consent-”mature minor” standard and the “best interests” standard, According to the inclination, judge of the U.S. Supreme Court is conservativist or progressivist. Therefore, he has a different viewpoint in the abortion. These days the number of conservative judge is more than that of progressive one in the U.S. Supreme Court, whereas recently president Obama declared that he held the abortion, So I want to ascertain how the abortion decisions will develop.