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Constitutional Protection of Abortion: Right to Privacy?

Discussion in 'Off-Topic' started by Yaboosh, Feb 6, 2004.

  1. Yaboosh

    Yaboosh IncGamers Member

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    Constitutional Protection of Abortion: Right to Privacy?

    In the "landmark" decision of Roe v Wade, Justice Harry Blackmun and 6 others decided that a Texas statute banning abortions except for when a mother is in danger violated a woman's Right to Privacy.

    This "right to privacy" was construed from the Fourteenth Amendment in Griswold v Connecticut. However, in Griswold, the Right to Privacy covered the ability of a married couple to use contraception in their own bedroom. Blackmun, though, SOMEHOW analogizes this to an abortion, which a woman is doing to another entity, be it human yet or only potentially human. This is obviously, to anyone, less of a private matter than contraception.

    Roe v Wade also did something else very interesting, something courts are NOT supposed to do. They created law. Roe instituted a Trimester model for whether or not abortions could be regulated. The Court stepped over its bounds here by taking the place of the legislature. It should be up to the states for that debate to take place. What the courts should have been deciding, and only deciding, is whether or not the right to an abortion is something protected by the Constitution. Relying on "penumbras" of the Fourteenth or Ninth amendments to create law is overstepping your bounds.

    Planned Parenthood v Casey (1992) was expected to overturn Roe, and would have, except Justice Sandra Day Oconnor did not concur with the 5-4 majority, even though she was part of that majority. She instead tried to establish yet another law for this country, again taking the place of the legislature. She created the "undue burden" clause for state regulation.

    This abortion thread is NOT arguing whether or not abortion should be legal or not.

    This thread is arguing whether or not it should be constitutionally protected or if it should be up to the States to decide.

    Try to keep the actual abortion arguments out of this.

    I feel since this actually requires KNOWLEDGE of the subject, you should read through Roe V Wade 410 U.S. 113 and Planned Parenthood v Casey before you make any replies. For this reason, I expect few to reply.

    Anyhow, begin.
     
  2. Sergeant

    Sergeant IncGamers Member

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    I think abortion should be a constitutionally protected right. There's more I would add to such legislation but, in a general sense, if it were to be a right, it ought to be a right on the national level.
     
  3. Damascus

    Damascus IncGamers Member

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    Which law did the court make?
     
  4. Munch

    Munch IncGamers Member

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    Yaboosh, I'd like to know where you got that Roe v. Wade instituted a trimester system, and thus instituting legislation. The only thing I can find remotely resembling this is the following:

     
  5. Yaboosh

    Yaboosh IncGamers Member

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    http://caselaw.lp.findlaw.com/scripts/getcase.pl?navby=case&court=us&vol=410&page=113

    In subsequent decisions, it proceeded to modify that standard, including Planned Parenthood v. Casey. However, it still stands that it is arbitrarily implemented, and such should be up to the states to decide when life begins. The current secular stalemate on the issue prevents the courts from making any real knowledgable decision and thus should be left to the state legislatures to determine.
     

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