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According to Rehnquist, the framework had come to resemble “a web of legal rules” rather than “constitutional doctrine.” The three justices also maintained that the state has an interest in protecting potential life before viability, making the 20-week requirement valid even if fetal viability normally occurs after 20 weeks. “We do not see why the state’s interest in protecting potential human life should come into existence only at the point of viability and should therefore be a rigid line allowing state regulation after viability but prohibiting it before viability,” Rehnquist wrote.
Publisher: Palgrave Macmillan (September 8, 2001)
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