I’d be screaming at you if I saw you in person.
I will never “learn” to deal with injustice. I will fight and end it, wherever and whenever I see it. And if you or anyone else get’s in my way, then, I am sorry for you. If this was ever voted on, it may be another story to many.
It’s bad law.
- In Roe, the court actually said that there is no absolute right to privacy.
- Nothing in the Court’s opinion indicates that Texas might not constitutionally apply its proscription of abortion as written to a woman in that stage of pregnancy. Nonetheless, the Court uses her complaint against the Texas statute as a fulcrum for deciding that States may [p172] impose virtually no restrictions on medical abortions performed during the first trimester of pregnancy. In deciding such a hypothetical lawsuit, the Court departs from the longstanding admonition that it should never “formulate a rule of constitutional law broader than is required by the precise facts to which it is to be applied.” Liverpool, New York & Philadelphia S.S. Co. v. Commissioners of Emigration, 113 U.S. 33, 39 (1885). See also Ashwander v. TVA, 297 U.S. 288, 345 (1936) (Brandeis, J., concurring).
- Nor is the “privacy” that the Court finds here even a distant relative of the freedom from searches and seizures protected by the Fourth Amendment to the Constitution, which the Court has referred to as embodying a right to privacy. Katz v. United States, 389 U.S. 347 (1967).
- To reach its result, the Court necessarily has had to find within the scope of the Fourteenth Amendment a right that was apparently completely unknown to the drafters of the Amendment. As early as 1821, the first state law dealing directly with abortion was enacted by the Connecticut Legislature. Conn.Stat., Tit. 22, §§ 14, 16. By the time of the adoption of the Fourteenth [p175] Amendment in 1868, there were at least 36 laws enacted by state or territorial legislatures limiting abortion.
- The decision here to break pregnancy into three distinct terms and to outline the permissible restrictions the State may impose in each one, for example, partakes more of judicial legislation than it does of a determination of the intent of the drafters of the Fourteenth Amendment.
- The Texas statute is struck down in toto, even though the Court apparently concedes that, at later periods of pregnancy Texas might impose these self-same statutory limitations on abortion. My understanding of past practice is that a statute found [p178] to be invalid as applied to a particular plaintiff, but not unconstitutional as a whole, is not simply “struck down” but is, instead, declared unconstitutional as applied to the fact situation before the Court. Yick Wo v. Hopkins, 118 U.S. 356"]118 U.S. 356 (1886); 118 U.S. 356 (1886); Street v. New York, 394 U.S. 576 (1969).
REHNQUIST, J., Dissenting Opinion
Roe was not only bad law, but it is judicial tyranny! It actually “legislated” certain aspects of abortion! It disregarded certain precidents in favor of their own personal views. It warped the 14th amendment, as it was intended.
Politicians have failed us, and millions of lives! Time to take matters into our own hands and actually get something done. And one more thing, you, stay the hell out of my way!