civil law confronts moral and ethical standards...all the while lawyers are are in the wings ready to pounce.
hasn't been addressed here. Not merely because Rick Perry seems to appeal to so many people here, but because of the very real moral issues involved.
Curiously I was required to address this very issue in first year Philosophy, and gave what my Prof called the perfect Utilitarian Philosopy's answer.
The mother is dead, the fetus is alive and growing. Someone, I don't really know who, since I haven't read much at all about the issue, wants to end life support.
A conscious woman can make decisions about her life, and whether she wishes to bear a child (despite my being opposed to abortion, it is her body, and her call) or not.
An unconscious woman, and one who probably wanted this child, cannot make that desire known. The child, with a little good fortune should make it to term and be a viable caesarean birth. Therefore the woman must be kept on life support until the child is viable and I sincerely hope has matured to term.
After the child has been born, then decisions can be made regarding the continuation of life support, but having been in a prolonged vegetative state, I think she should be allowed to die.
The child, since it is the only life in this equation, should be saved.
In the case of abortion there are two lives at stake, and a woman who did not wish to get pregnant but did so through the failure of a birth control method (the case for friends of mine who married had the baby and two others all of whom are fine) or through a stupid or ill-considered act of unprotected intercourse should not be forced to undergo gestation, which poses risks to her and to the child. Therefore a termination as early as possible should be permitted. I don't like it, but I can't accommodate myself to forcing a woman to bear an unwanted child. There are already too many. The Universal availability of birth control at a minimum charge should be put in place as part of the ACA. That is only right and sensible IMO.
The reason abortion is permissible in my opinion is that the woman can almost always get pregnant again when she wishes to, whereas the fetus in Texas has only this one chance for life.
Addidionally spontaneous abortions are a normal part of pregnancy. No fertilized ovum has a guaranteed right to be born or to life, and still births occur late in term as well. I have friends who have gone through hell to conceive and now have two wonderful boys, I have friends who the woman being well into her 40's lost her first 3 pregnancies but did finally have a healthy lovely girl. Should she have gone ahead given the odds against her carrying the fetus to term. I can't make that judgement. Who knows why she lost the first three pregnancies, but at least she and her husband have their child.
Utilitarianism has a very strong place in both social and political philosophy. It is a good form of Occam's Razor for evaluating courses of decision, and aids Rationality, which is supposed to be what Mankind is all about, howver much many people shy away from it.