WASHINGTON — That abortion is bad for fetuses is a statement of the obvious. That it is bad for women, too, is a contested premise that nonetheless got five votes at the Supreme Court on Wednesday. It was a development that stunned abortion rights advocates and that represents a major departure from how the court has framed the abortion issue for the past 34 years. The question on the day after the justices voted 5 to 4 to uphold the federal Partial-Birth Abortion Ban Act is where the court goes from here. Regulating abortion for the sake of a woman’s health has been part of the court’s consideration since Roe v. Wade in 1973; Justice Harry A. Blackmun wrote for the court then that ‘the state does have an important and legitimate interest in preserving and protecting the health of the pregnant woman.’ Reflecting the court’s view that illegal abortions were a serious public health problem, the opinion gave examples of permissible regulations, like requiring doctors to be properly licensed. After fetal viability, the court said in Roe v. Wade, abortion can be banned except when ending a pregnancy is necessary for the sake of a woman’s […]

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