| | #In the first trimester, the right of the fetus is negligible.<ref>Blackmun rejects the idea that life begins at conception in a footnote, referencing Texas' argument in this case that it did, as not compatible with the law of almost all states at the time that a fetus can be aborted in the case of the mother's health. Blackmun argued that, if life began at conception, Texas and other states would not allow this exception.</ref> However, the mother's interest is great, as during the first trimester, the health risks of an abortion are significantly less than the health risks posed by pregnancy. Therefore, during this period, the state cannot regulate abortion. | | #In the first trimester, the right of the fetus is negligible.<ref>Blackmun rejects the idea that life begins at conception in a footnote, referencing Texas' argument in this case that it did, as not compatible with the law of almost all states at the time that a fetus can be aborted in the case of the mother's health. Blackmun argued that, if life began at conception, Texas and other states would not allow this exception.</ref> However, the mother's interest is great, as during the first trimester, the health risks of an abortion are significantly less than the health risks posed by pregnancy. Therefore, during this period, the state cannot regulate abortion. |
| | #After the first trimester, the state may regulate abortion procedures ''et al'' but not necessarily ban abortions outright, until, | | #After the first trimester, the state may regulate abortion procedures ''et al'' but not necessarily ban abortions outright, until, |
| − | #The fetus' interest in life, and the state's interest in protecting that life, comes into being at the moment of [[viability]] - when a fetus can live on its own. However a pregnant woman can still choose to abort a viable fetus up until birth for any reason, if she can find a physician to do it. | + | #The fetus' interest in life, and the state's interest in protecting that life, comes into being at the moment of [[viability]] - when a fetus can live on its own. After this moment, the balancing of the mother's interests ''vis a vis'' the fetus should be done by the states, not the Court, but if a state chose to forbid abortions after [[viability]], it would be ''allowed''.<ref>Parts VIII - IX of the Opinion of the Court.</ref> Depending on state law, the mother could still choose to abort her fetus, but the Partial Birth Abortion Act (upheld in [[Gonzles v. Carhart]]), makes third trimester abortion nearly impossible. |