rve and protect the health of the woman, not the fetus. The reason it was decided that this was a compelling interest in the second trimester was that prior to this time abortion is less hazardous for the woman than childbirth. The regulations permitted in the second trimester are only those designed to ensure that the procedure is performed safely. Fetal viability comes in the third trimester and is the point at which the fetus is capable of surviving outside the womb, and at this stage protection of the life of the fetus becomes a compelling government interest sufficient to justify interference with the decision to choose abortion. The government at this point can regulate and even prohibit abortion to protect the life of the fetus, unless the abortion is necessary to preserve the life or health of the woman. In the latter case, the Court is balancing the health interests of the mother against the child and coming down on the side of the mother (Tribe 11-12).
Justices Douglas, Stewart, and Burger concurred in the opinion, and voting for this dec
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