Of course, such judicial misconstruction theoretically can be cured by constitutional amendment. But the period of gestation of a constitutional amendment, or of any law reform, is reckoned in decades usually; in years, at least. And, after all, as the Court itself asserted in overruling the minimum-wage cases, it may not be the Constitution that was at fault.
As the British Constitution is the most subtile organism which has proceeded from the womb and the long gestation of progressive history , so the American Constitution is, so far as I can see, the most wonderful work ever struck off by the brain and purpose of man.william ewart gladstone
It must be borne in mind that the gestation of a single organism is the work of but a few days, weeks, or months, but the gestation (so to speak) of a whole creation is a matter probably involving enormous spaces of time.
They can be born breathing and crying at 19 weeks’ gestation. . . I am not anti-abortion, but as far as I am concerned this is sub-standard medicine. . . If viability is the basis on which they set the 24-week limit for abortion, then the simplest answer is to change the law and reduce the upper limit to 18 weeks.
[A]bortion is an integral part of family planning. Theoretically this means abortions at any stage of gestation. Therefore I favor the availability of abortion beyond 20 weeks.
Of women who had an abortion at 16 or more weeks' gestation, 71% attributed their delay to not having realized they were pregnant or not having known soon enough the actual gestation of their pregnancy. Almost half were delayed because of trouble in arranging the abortion, usually because they needed time to raise money. One-third did not have an abortion earlier because they were afraid to tell their partner or their parents that they were pregnant.