Roe v. Wade
With new members on the way to the Supreme Court, much is being written about overturning Roe v. Wade. So here are a few facts about the original decision that are usually ignored. Use them as you will.
The Court ruled a woman does NOT have an absolute right to an abortion. She does have a right to an abortion as an extension of previous rights already granted by courts under the Constitution, but it is subject to some limitations. Before quoting the Court's samples of limitations, I'll give this quote from the decision: "The Constitution does not explicitly mention any right of privacy."
OK, here are the limitations: " . . . at some point the state interests as to protection of health, medical standards, and prenatal life become dominant."
In summary I would say the right-to-lifers would do well to spend their energies supporting Roe v. Wade rather than attacking it.
Final note. Roberts went to great length in the hearings to make clear his insistence that any decisions of the Court be based on a real case, not a hypothetical one. And this issue was one of those on which Rhenquist based his dissent in Roe. Beware!
With new members on the way to the Supreme Court, much is being written about overturning Roe v. Wade. So here are a few facts about the original decision that are usually ignored. Use them as you will.
The Court ruled a woman does NOT have an absolute right to an abortion. She does have a right to an abortion as an extension of previous rights already granted by courts under the Constitution, but it is subject to some limitations. Before quoting the Court's samples of limitations, I'll give this quote from the decision: "The Constitution does not explicitly mention any right of privacy."
OK, here are the limitations: " . . . at some point the state interests as to protection of health, medical standards, and prenatal life become dominant."
In summary I would say the right-to-lifers would do well to spend their energies supporting Roe v. Wade rather than attacking it.
Final note. Roberts went to great length in the hearings to make clear his insistence that any decisions of the Court be based on a real case, not a hypothetical one. And this issue was one of those on which Rhenquist based his dissent in Roe. Beware!
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