January 9, 1979 - "Fetal Viability" - a podcast by Stephen Hammond

U.S. Supreme Court rules that doctors, not legislators, determine “fetal viability.” The heated debate in the United States regarding the rights of fetuses and pregnant women was fought on many fronts. In January 1973, the U.S. Supreme Court ruled on the most debated case of all, Roe vs. Wade, declaring that a woman’s constitutional right to privacy is more important than a state’s right to restrict abortions. The same day, another court ruling brought an end to restrictions on abortion facilities. Despite that, various states attempted to prevent or restrict abortions in other ways. Pennsylvania passed a law requiring doctors to try to preserve the life of a fetus during an abortion, where feasible. However, on January 9, 1979 in a six to three ruling, the U.S. Supreme Court ruled against the state in Colautti vs. Franklin. This upheld doctors’ unfettered discretion in determining "fetal viability," granting doctors and not the courts or legislatures the right to determine when a fetus is able to live outside a woman’s womb.

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