W
Worthy5
Guest
Like to argue this with you Ender, but sorry guys have to go, other matters are pressing. Is there any body out there to argue the pro-choice side???The Casey decision readdressed the holdings in Roe. About the only part of Roe left standing was that abortion is still a Constitutional right.
law.cornell.edu/supct/html/91-744.ZO.html
This is Justice Rehnquist’s dissent where he lays out what just happened.
"In Roe v. **Wade, the Court recognized a “guarantee of personal privacy” which “is broad enough to encompass a woman’s decision whether or not to terminate her pregnancy.” 410 U. S., at 152-153. We are now of the view that, in terming this right fundamental, the Court in **Roe read the earlier opinions upon which it based its decision much too broadly."
This is Scalia’s explanation of the ruling (from his dissent):
*"Under Roe, requiring that a woman seeking an abortion be provided truthful information about abortion before giving informed written consent is unconstitutional, if the information is designed to influence her choice, **Thornburgh, 476 U. S., at 759-765; **Akron I, 462 U. S., at 442-445. Under the joint opinion’s “undue burden” regime (as applied today, at least) such a requirement is constitutional, *ante, at 38-42.
This is from O’Connor’s opinion where the term privacy is scarcely to be seen but the term liberty appears throughout. Abortion is now on the liberty standard.
Code:"Under **Roe, requiring that information be provided by a doctor, rather than by nonphysician counselors, is unconstitutional, **Akron I, **supra, at 446-449. Under the "undue burden" regime (as applied today, at least) it is not, **ante, at 42.* Code:"Under **Roe, requiring a 24-hour waiting period between the time the woman gives her informed consent and the time of the abortion is unconstitutional, **Akron I, **supra, at 449-451. Under the "undue burden" regime (as applied today, at least) it is not, **ante, at 43-45.* Code:"Under **Roe, requiring detailed reports that include demographic data about each woman who seeks an abortion and various information about each abortion is unconstitutional, **Thornburgh, **supra, at 765-768. Under the "undue burden" regime (as applied today, at least) it generally is not, **ante, at 58-59.*
Constitutional protection of the woman’s decision to terminate her pregnancy derives from the Due Process Clause of the Fourteenth Amendment. It declares that no State shall “deprive any person of life, liberty, or property, without due process of law.” The controlling word in the case before us is “liberty.”
We reject the trimester framework, which we do not consider to be part of the essential holding of Roe.
Ender
Thanks for the debate
God Bless
