Suudy
Active member
Oh, sure. I understand. It seems you don’t. They found a “right” to abortion through Griswold’s tenuous “emanations of a penumbra.” But its not just my opinion. Even lefty, pro-abortion types admit Roe was bad law.Thus you get the point. They aren’t in there.
Ely, a well respected legal scholar, thinks abortion should be legal, but Roe was wrongly decided (from here, emphasis mine):
And Edward Lazarus, a very strong pro-“choice” lawyer says (see here):And at bottom Roe signals the Court’s judgment that this result cannot be justified by any good that anti-abortion legislation accomplishes. This surely is an understandable conclusion–indeed it is one with which I agree–but ordinarily the Court claims no mandate to second-guess legislative balances, at least not when the Constitution has designated neither of the values in conflict as entitled to special protection.
Read the linked article. He talks about how bad Roe is and better ways to achieve a pro-“choice” result.But as a matter of constitutional interpretation, even most liberal jurisprudes – if you administer truth serum – will tell you [Roe] is basically indefensible.
And he’s not alone. Roe is not good law and really has no basis in the Constitution at all.
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