Essays Roe V Wade Summary

The upshot is that the people and the legislatures of the fifty states are constitutionally disentitled to weigh [the issue.]” He called the decision an “exercise of raw judicial power” over an issue that should be “left with the [people].” Justice Rehnquist also dissented, attacking the use of substantive due process that a conservative court used in (1905) to protect liberty of contract.

The upshot is that the people and the legislatures of the fifty states are constitutionally disentitled to weigh [the issue.]” He called the decision an “exercise of raw judicial power” over an issue that should be “left with the [people].” Justice Rehnquist also dissented, attacking the use of substantive due process that a conservative court used in (1905) to protect liberty of contract.

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The United States Supreme Court: Landmark Decisions and the Justices Who Made Them., Roe v.

The advocacy successfully chipped away at several laws, though by the time of , the Supreme Court created a “right to privacy” when it ended restrictions on birth control for married couples.

The Court decided that, “Various guarantees creates zones of privacy.

The right of association contained in the penumbra [arc] of the First Amendment is one, as we have seen.” The Court held that the right to privacy was found in the First, Third, Fourth, Fifth, and Ninth Amendments.

[But] the Court has recognized that a right of personal privacy, or a guarantee of certain areas or zones of privacy, does exist under the Constitution [in that required at least some protection.

Therefore, the state governments (through the democratic process of making laws in legislatures) had a “compelling interest” at some point in the pregnancy.Blackmun reasoned, “State regulation protective of fetal life after viability thus has both logical and biological justifications.If the state is interested in protecting fetal life after viability, it may go so far as to proscribe abortion during that period except when it is necessary to preserve the life or health of the mother.” Therefore, the states could severely restrict abortion after the sixth month except for a few rare cases where the life of the mother was endangered.The right to abortion was virtually unlimited in the first three months.Blackmun held that, “With respect to the interest in the health of the mother, the ‘compelling’ point, in the list of present medical knowledge, is at approximately the end of the first trimester.” The next three months of the pregnancy saw the development of the baby and therefore the state’s interest in protecting the human life increased.Justice Byron White dissented, and argued based upon the Constitution and the principle of federalism: “I find nothing in the language or history of the Constitution to support the Court’s judgment.The Court simply fashions and announces a new constitutional right for pregnant mothers and, with scarcely any reason or authority for its action, invests that right with sufficient substance to override most existing state abortion statutes. Abortion rights activists began working at liberalizing state laws on abortion since it was a state issue in the federal system. The women’s movement of the 1960s demanded access to abortion as one of the rights of women.Blackmun argued that during this stage, the fetuses were “viable” because they could live outside the womb.However, it was balanced against interests of the mother.