ut the Georgia statute outlaws virtually all such operations -- even in the earliest stages of pregnancy." Roe, et al. v. Wade 410 U.S. 113 (1973)
DISSENTING OPINIONS

JUSTICE REHNQUIST

In a dissenting opinion, Justice Rehnquist states that the decision handed down by the Court is one in which a state is disallowed the imposition of any restrictions whatsoever on abortions during the first trimester of the pregnancy. Justice Rehnquist specifically states that there is nothing in the opinion of the Court that "indicates that Texas might not constitutionally apply its proscription of abortion as written to a woman in that state of pregnancy." Roe, et al. v. Wade 410 U.S. 113 (1973) Rehnquist further argues that "The Court eschews the history of the Fourteenth Amendment in its reliance on the 'compelling state interest test. ut the Court adds a new wrinkle to this test by transposing it from the legal considerations…...

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Bibliography

Roe, et al. v. Wade 410 U.S. 113 Supreme Court of the United States January 22, 1973. Appeal from the United States District Court for the Northern District of Texas. No. 70-18.  http://www.members.aol.com/abtrbng/410us113.htm 

Roe v. Wade

12 (ubin, 1987, p. 5)
The ensuing demonstration of change in legal form is actually one of the best outlined examples of the way in which the evolving and almost living form of the legal and legislative system in the U.S. works. Each ensuing challenge must follow the line of the original legal stand of oe to either further restrict or unequivocally uphold the oe ruling. Yet, the ensuing change in political form is troubling for many, who see abortion legislation and platform development as a distraction to the varied and vast numbers of other issues that are essential to the governing of a local, region or even a nation. In the ensuing years there have been countless examples of "single issue" politicians running almost exclusively on the issue of abortion, and either the desire to completely overturn oe or uphold it, without restriction. One ensuing example is the candidacy…...

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References

Campbell, R. (2003). Gone to Texas: A History of the Lone Star State. New York: Oxford University Press.

Conway, K.S., & Butler, M.R. (1992). State Abortion Legislation as a Public Good -- Before and After Roe V. Wade. Economic Inquiry, 30(4), 609-626.

Rubin, E.R. (1987). Abortion, Politics, and the Courts: Roe v. Wade and Its Aftermath. New York: Greenwood Press.

Roe v. Wade & Texas: From District Court to the U.S. Supreme Court & Aftermath

Certainly, if a newborn baby is entitled to legal protection, then so is a fetus a day, week, and a month before delivery. The only difficulty is identifying the appropriate stage of gestation where medical ethicists define life apart from religious presuppositions.

Modern medical technology is better capable of doing so by reference to specific biological development and neural processes, but in objective principle, the distinction of viability" introduced by the oe Court makes logical sense.

Ethical Argument Supporting the oe Decision:

By far, the most relevant basis for evaluating the moral argument on abortion centers on the issue of viability, except that instead of focusing on the survivability of the fetus outside the womb, it emphasizes the ability of the fetus to sense discomfort and pain, and the sufficient degree of development to support the basic perceptual functions that constitute human consciousness.

Strictly objective ethical concern would militate against causing physical pain, irrespective…...

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References

Abrams, N., Buckner, M.D. (1989) Medical Ethics: A Clinical Textbook and Reference for the Health Care Profession. Cambridge: MIT

Hall, K.L. (1992) the Oxford Companion to the Supreme Court of the United States. New York: Oxford University Press

Miller, a.R. (1988) Miller's Court. New York: Houghton-Mifflin

Reiman, J.H. (1999) Abortion and the Ways We Value Human Life.

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 oe 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…...

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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

Rethinking Roe v. ade
Roe v. ade, the landmark decision made in 1973, legalized first-trimester abortion, and was a historic decision that changed the course of our country morally and spiritually. Many people still question whether the United States Supreme Court was right to make abortion legal, both legally and morally. This essay will show that the historical evidence does not support the conclusion that was drawn in the decision, and the legal reasoning, which relied heavily on a right to "privacy," the right's of the mother, and the idea that a fetus is not a person, was not correct as well. Finally, abortion goes against natural law, and God's law must be higher than man's law. Given that any abortion is the killing of an innocent, unborn child, it is a horrible evil in our society and should not be protected by law in any form.

In the Roe v. ade…...

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Works Cited

Roe v. Wade, 410 U.S. 113, (1973) (republished by J.M.J. Seton Home Study School, July 23, 2007)

Rice, Charles. "The Human Life Amendment."   2005. (Accessed November 30, 2010).http://www.all.org/article.php?id=10065 .

Morriss, Frank. "Court Rulings Cannot Negate the Law of God."   (accessed November 30, 2010).http://www.catholicculture.org/culture/library/view.cfm?id=3122 

Titus, Herbert W.. "Ending Legal Abortion,"   1997. (Accessed November 30, 2010).http://www.conservativeusa.org/titus100.htm .

There is no need to try the case again.
Before oe vs. Wade, when abortion was illegal, hundreds of young women died every year due to botched illegal abortions. Many also traveled over the border into Mexico for unsafe and unsanitary abortions in that country. Illegal abortions are dangerous and can be deadly, and the country would return to that practice if the court's judgment were altered. In addition, states do have the right to enact laws to limit abortions in their state, and so, the state laws can be modified to reflect specific feeling and attitudes on abortion in certain areas. Many states require parental or spousal notification before any abortion can take place. All of this controversy has kept the ruling in the media every year since its' enacting in 1973. The ruling is still controversial and still debated, but the Court should not overturn it. It has…...

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Roe vs. Wade is the controversial Supreme Court ruling established in January 1973. In simple terms, the ruling allowed women to get abortions from their doctors or medical facilities during the first trimester (the first three months of pregnancy). The decision said denying abortions denied a constitutional guarantee to the right to privacy. It gave women the right to choose what to do with their own bodies, and it has been controversial ever since. The camps are divided into "pro-choice," who want the ruling upheld, and "pro-life," who want to see the ruling overturned on moral, religious, and the rights of the unborn child issues.

The Supreme Court should not overturn Roe vs. Wade, because women should be able to choose to have a child or not. The rights of the mother outweigh the rights of the unborn child. If the mother's health is an issue, the mother has the right to choose her health over the child, and to attempt another pregnancy at another time. In addition, from a legal standpoint, Roe vs. Wade has already been visited in the courts of the country, and they have made their decision. There is no need to try the case again.

Before Roe vs. Wade, when abortion was illegal, hundreds of young women died every year due to botched illegal abortions. Many also traveled over the border into Mexico for unsafe and unsanitary abortions in that country. Illegal abortions are dangerous and can be deadly, and the country would return to that practice if the court's judgment were altered. In addition, states do have the right to enact laws to limit abortions in their state, and so, the state laws can be modified to reflect specific feeling and attitudes on abortion in certain areas. Many states require parental or spousal notification before any abortion can take place. All of this controversy has kept the ruling in the media every year since its' enacting in 1973. The ruling is still controversial and still debated, but the Court should not overturn it. It has historical and judicial value, and it should remain as law in the United States.

WEEK 1Week 3: Case AnalysisYoung v. Becker & Poliakoff, Court of Appeals of Florida, Fourth District (2012)PartiesThe plaintiff was Jacquelyn N. Young (the appellant), and the other party involved was the law associate firm, Becker & Poliakoff (the appellee) (Find Law, n.a.).FactsJacquelyn Young hired an associate law firm, Becker & Poliakoff, to represent her in the lawsuit against her employer, who became the source of federal employment discrimination. The law firm attached the wrong documents of the Equal Opportunity Commission (EEOC) when it filed for the case in the court, which the court immediately dismissed (Find Law, n.a.). The firm did not bother informing Young about it, and after thirteen months, the law firm told Young it could not further pursue her case as it had been dismissed. The law firm told her it wanted to withdraw, to which later Young came to know the firm was doing so as…...

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ReferencesBritannica. (2022, May 3). Roe v. Wade.   Law. (n.a.). Roe v. Wade (1973). https://caselaw.findlaw.com/us-supreme-court/410/113.htmlLange, A. (2015). The 14th and 15th amendments. National Women’s History Museum.  http://www.crusadeforthevote.org/14-15-amendments Sanders, K. (2021, July 16). 7 famous Supreme Court cases that changed the US. The National Law Review.  https://www.natlawreview.com/article/7-famous-supreme-court-cases-changed-ushttps://www.britannica.com/event/Roe-v-Wade Find

Furthermore, the Supreme Court (and the Texas district court also) relied on a judicial invention introduced in the earlier Griswold and Eisenstadt decisions: namely, the penumbra of privacy that was said to "emanate" from the Fourteenth Amendment to give rise in a fundamental right of privacy despite the fact that the notion of personal privacy is not mentioned at all in the Constitution. Certainly, the Roe decision was justified on general principles of justice, equality, fairness, and ordinary definitions of private affairs; but from a technical legal argument perspective, many commentators have suggested that it was a case of the Court fitting the Constitution to the law rather than conforming the latter to the former.

Conclusion:

Regardless of the any technical criticism in the legal analysis of the basis for the Supreme Court's decision in Roe, it remains the right and moral decision on the issue.

Certainly, room exists for improved reasoning, such…...

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Bibliography

Abrams, Natalie, Buckner, Michael, D. A Clinical Textbook and Reference for the Health Care Professions. (Cambridge: MIT Press, 1999).

Dershowitz, Alan, M. Shouting Fire: Civil Liberties in a Turbulent Age. (New York: Little Brown & Co, 2002).

Friedman, Laurence, M. A History of American Law. (New York: Simon & Schuster, 2005).

Hall, Kermit, L. The Oxford Companion to the Supreme Court of the United States. (New York: Oxford University Press, 1992).

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 modern Supreme Court decisions, such as Roe v. ade. If the position is held that Holmes was correct in his opinion, then the same position must also be held that the Supreme Court's Roe v. ade decision is incorrect. In the Roe V. ade case, the Court ruled that a woman's right to have an abortion is based upon the development of the fetus in her womb. In the first trimester, the state cannot restrict a woman's right to have…...

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Works Cited

Paul, Kens. Lochner v. New York: Economic Regulations on Trial. Lawrence: University

of Kansas Press, 1998. Book.

This absolute right effectively means that the Court has determined that the fetus is not a human being prior to viability. Therefore, the effects on a fetus cannot be considered when deciding whether or not an abortion procedure is legal. The fact is that, pre-viability, even if a doctor where to completely deliver an intact fetus, it would be unable to survive outside of the womb. Therefore, a doctor performing a partial-birth abortion is not committing infanticide, as suggested by the dissent, because Roe has established that non-viable fetuses are not yet human beings.
Furthermore, while Roe and Casey recognize that states have an interest and protecting potential human life, a statute limiting partial-birth abortion does not further a state's interest in protecting potential human life. The statute in question does not proscribe abortion, but merely limits the methods by which a woman may have an abortion. Therefore, Nebraska cannot…...

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Stenberg v. Carhart, 530 U.S. 914 (2000), dissent, Kennedy.

Stenberg v. Carhart, 530 U.S. 914 (2000), dissent, Scalia.

Stenberg v. Carhart, 530 U.S. 914 (2000), dissent, Scalia; dissent, Thomas.

" (Paul v. Davis)
The majority went on to argue that it is almost impossible to guess at any logical stopping place to the afore-prescribed theory of reasoning. Davis' interpretation of the law as set out in his briefs would seem almost necessarily to manifest itself in every legally cognizable injury which may have been inflicted by a state official - of any sort, not just a police officer -- acting under "color of law" establishing a violation of the Fifth Amendment as extended to the 50 states by the aforementioned Fourteenth Amendment to the Constitution.

According to the majority, "We think it would come as a great surprise to those who drafted and shepherded the adoption of that Amendment to learn that it worked such a result, and a study of our decisions convinces us they do not support the construction urged by respondent."

Section 4: The Result

Consequently, the majority of the…...

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Bibliography

Paul v. Davis 424 U.S. 693 (1976).

Magna Carta, 1214 AD.

US Constitution.

Palko v. Connecticut, 302 U.S. 319, 325 (1937).

Bakke v. Regents of the University of California
The so-called Bakke decision was the earliest in which the United States Supreme Court addressed affirmative action. The case certainly did not mean and end to the issues involved, and there have been several attempts to overturn the Bakke decision since. It has been referred to as a reverse discrimination case, and it was of great import when it was decided in the late 1970s after nearly a decade of affirmative action to bring more blacks and members of other minorities into the mainstream of work and academic life through programs of recruitment and special assistance to redress historical imbalances and discrimination. The issue of affirmative action remains a difficult one for Americans to this day. Affirmative action is often characterized as a quota system, though quotas need not be part of affirmative action at all. The Bakke case was an early challenge…...

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Works Cited

Bresler, Robert J. "The Courts Close in on the Diversity Rationale." USA Today Magazine 130(2680)(January 2002), 13.

Burka, Paul. "Fight Bakke." Texas Monthly 24(5)(May 1996), 228.

Gose, Ben. "Supreme Court Rejects Appeal of a Decision That Cited 'Bakke' to Defend Affirmative Action." Chronicle of Higher Education 47(39)(6 June 2001), A24.

Gratz v. Bollinger (122 F. Supp.2d 811 [E.D. Mich. Dec. 13, 2000]).

owers v. Hardwick & Lawrence v. Texas:
A Comparison of the Supreme Court's Decisions

Two landmark cases, owers v. Hardwick and Lawrence v. Texas, have both set precedent and affected the state of relevant laws in their respective eras, as well as have had a substantial impact on our current laws. These decisions have assisted in shaping the laws of today, primarily in a positive way. owers v. Hardwick, decided in 1986, held constitutional a Georgia statute criminalizing sodomy between two consenting male adults. Seventeen years later, the owers decision was overruled by Lawrence v. Texas, in which the Supreme Court struck down a Texas state law banning private consensual sex between adults of the same sex. Lawrence has set the current precedent in a decision gay rights groups hailed as historic. This paper will analyze the Court's rulings in both cases, discuss the similarities and differences of the cases, and will…...

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Bibliography

CNN. "Supreme Court strikes down Texas sodomy law. Ruling establishes new legal ground in privacy." CNN.com. 2003. CNN.com. 23 July 2005.

bortion
Discuss the legal and ethical issues involved in Roe v. Wade

With the advent of 70's and particularly, aftermath of the decision of the Supreme Court in Roe v. Wade during 1973, abortion policy has become a controversial issue in the merican politics. (Levine; Staiger; Kane; Zimmerman, 1996) The decision in Roe v. Wade reinforced the right of women to privacy with regard to her own body, incorporating the termination of pregnancy. (Pozga, 2010) Roe v. Wade delineated more specifically the rights of fetus as well as the mother on the basis of the magnitude of viability. (Killion; Dempski, 2000)

The decision in Roe v. Wade which accorded constitutional protection to abortion, which voided the state laws which banned it, was a decision which had several legal and ethical concerns. This verdict in Roe v. Wade damaged the cornerstone of the ethical principles against the issue of killing. The results of Roe…...

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An ultrasound neither informs legally nor medically -- irrespective of that, it notifies them aesthetically. Women are compelled to view at an image of a fetus; however, the woman who desire to abort already has prior knowledge of the ultrasound image of fetus. Additionally, there is the concern for ultrasound prices. As per the law the patient is expected to take the burden of the compelling procedure. The law entails a fine of $2,500 for not complying with the legal necessities. Such incorporation of ultrasound is visualized as a method to financially dissuade women for resorting to a legal medical procedure. Irrespective of the ethical issues of the abortion the government is not expected to emphasize moral issues on its citizen legally. This law on this ground is regarded as appalling & the offensive government encroachment that is framed to embarrass women desiring to avail legal healthcare. (Fox, 2012)

Such laws pertaining to necessities of ultrasound for abortion is lacking in significant arenas and is not the most successful methods to insure that an abortion thinking mother gets advantages from the powerful influence of ultrasound. Particularly, all of these laws need that some ultrasound information be accorded to the woman from the doctor who is attending the woman. The attending doctor definitely desires that the women must select the option for abortion since the doctor will be paid for abortion. It is pertinent that any need that this person offer ultrasound information would be distorted and skewed by the attending doctor to persuade the mother to abort her baby. Secondly the limitation of the law is that it compels a mother to attain information that she does not require. This imposes problematic public relations. (Glessner, 2012)

An analysis of several laws enacted reveal that they are insufficient in assuring that a woman desirous of undergoing abortion will really view an ultrasound image of her child. Some of these laws simply necessitate that woman be told of

On pages 88-89, right in the middle of a 1972 national debate of this issued, Greenhouse reports that Justice Blackmun was given the job by his colleagues of writing a draft opinion on Roe v. ade. How was a doctor to know if "death was imminent" should a mother not have an abortion? There were so many conflicting questions to be asked about the laws that had brought Roe v. ade before the Court. It was a struggle for Blackmun, and he was under intense pressure. He was influenced by public opinion; on page 91, Greenhouse explains that Blackmun saw a ashington Post story that said "two out of three Americans think that abortion should be a matter for decision solely between a woman and her physician." Sixty-four percent said it was up to a woman, in a poll in the newspaper that Blackmun read. Slowly Blackmun re-wrote his…...

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Works Cited

Greenhouse, Linda. 2005. Becoming Justice Blackmun: Harry Blackmun's Supreme Court

Journey. New York: Times Books / Henry Holt & Company