The court has vindicated the right to protect oneself against a pregnancy that could result in death.
an ostensible exception for the “life of a pregnant woman.” But as the court explained on Tuesday, this exception is extraordinarily narrow: It permits termination only when the patient is “in actual and present danger” of death. According to the statute, it is not enough for a doctor to determine that the pregnancy will kill her at some point in the future; that peril must be imminent.
“Requiring one to wait until there is a medical emergency,” however, “does not serve a compelling state interest” because it “would further endanger the life of the pregnant woman.” The majority therefore declared that portion of the law “void and unenforceable” and announced a new standard: Abortion is permitted whenever a doctor has “determined to a reasonable degree of medical certainty or probability that the continuation of the pregnancy will endanger the woman’s life.
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