Pros And Cons Of Gonzales Vs Carhart

In the Gonzales v. Carhart case, the justice with the most persuasive argument is Justice Kennedy and the Justice with the least persuasive argument is Justice Ginsberg. According to the decision of the case, the Partial Birth law is not vague, but as mentioned in class, the Partial Birth law is in fact vague because of the amount of time that was spent deciding whether which actions would be considered homicide. For example, a woman who is on her way to get an abortion, delivers the baby before she gets to the clinic and then kills the baby herself because of her “intent” to get an abortion to begin with. But although the decision is a bit controversial, Justice Kennedy’s argument is still more persuasive because it gives woman the privilege to continue to get abortions if they wish, and there are guidelines that are set up to know how abortion procedures are to be managed. For example, in the article it states that the Partial Birth Act’s text demonstrates that it regulates and proscribes performing the intact D&E procedure. First the doctor must vaginally deliver a living fetus, the Act does not restrict abortions involving delivery of an expired fetus or those not involving vaginal delivery (Gonzales v. Carhart, pg.126, 2007). …show more content…
Carhart, pg.126,