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While I do believe a woman should have the right to choose, I am not necessarily convinced of that the Ninth and the Fourteenth Amendment allow for a so-called right to privacy to support the creation of a right in this instance. Admittedly, I am not a legal scholar, so to disagree with Justice Blackmun seems a bit of a stretch; however, what he did in Roe v. Wade was likewise a "step" or, I should say, one giant leap. I simply do not see how the Fourteenth Amendment which is a procedural safeguard to protect against state intrusion upon its citizens' life, liberty, and property. The Fourteenth Amendment pertains to the state's notice requirement to give citizens notice upon the possibility of taking away of his/her life, liberty, or property. Additionally, I am concerned that we conferred a right to women based upon a privacy right that we may not grant to men or to potential fathers. Does that mean that women have fundamental rights that men, even the fathers of unborn children, cannot claim? Moreover, my final concern is that this sets a dangerous precedence wherein a skillful justice can create an "implied" right when there simply isn't a legal right delineated within the text itself. Thus, I would be more comfortable with the holding if it were based upon something more than a tenuous connection to a debatable and previously non-existent right to privacy. (1997). Pro-Choice and Anti-Abortion Constitutional Theory and Public Policy.
References
Westport, CT: Praeger. Retrieved April 14, 2010, from Questia database:
http://www.questia.com/PM.qst?a=o&d=6831738
Cohen, S. (2005, July 17). Birth control pills helped empower women, changed the world. Retrieved from http://www.religiousconsultation.org
/News_Tracker/birth_control_pills_helped_empower_women_changed_world.htm
Gargaro, C. (n.d.). The right to an abortion. Retrieved April 11, 2010, from http://www.law.umkc.edu/faculty/projects/ftrials/conlaw/Roeargs.htm
Quadagno, J.S. (1994). The color of welfare: how racism undermined the war on poverty. New York: Oxford University Press.
Raymond, P., & Norrander, B. (1990). Religion and Attitudes Toward Anti-Abortion Protest.
Review of Religious Research, 32(2), 151-156. Retrieved April 12, 2010, from Questia
http://www.questia.com/PM.qst?a=o&d=98493231.
Roe v. Wade, 410 U.S. 113 (January 22, 1973).
The Legacy of Roe, Roe v. Wade, Landmark Supreme Court Cases: Background summary and questions. (n.d.). Retrieved from http://www.landmarkcases.org/roe/legacyofroe.html
The right to an abortion. (n.d.). Retrieved April 10, 2010, from http://www.law.umkc.edu/faculty/projects/ftrials/conlaw/Roeargs.htm
References
Bowers, J.R. (1997). Pro-Choice and Anti-Abortion Constitutional Theory and Public Policy.
Westport, CT: Praeger. Retrieved April 14, 2010, from Questia database:
http://www.questia.com/PM.qst?a=o&d=6831738
Cohen, S. (2005, July 17). Birth control pills helped empower women, changed the world. Retrieved from http://www.religiousconsultation.org
Gargaro, C. (n.d.). The right to an abortion. Retrieved April 11, 2010, from http://www.law.umkc.edu/faculty/projects/ftrials/conlaw/Roeargs.htm
http://www.questia.com/PM.qst?a=o&d=98493231.
The Legacy of Roe, Roe v. Wade, Landmark Supreme Court Cases: Background summary and questions. (n.d.). Retrieved from http://www.landmarkcases.org/roe/legacyofroe.html
The right to an abortion. (n.d.). Retrieved April 10, 2010, from http://www.law.umkc.edu/faculty/projects/ftrials/conlaw/Roeargs.htm
He attacked the underlying premise of the decision, saying that, "A constitution is not intended to embody a particular economic theory… It is made for people of fundamentally differing views" (Paul 74). He viewed the Court's opinion in a dangerous light because it represented the infusion of a fundamental right into the Constitution. Modern commentators who agree with Justice Holmes' dissenting position face a problem as it relates to more
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