Essays Roe V Wade Summary
In the ’s central holding would not only reach an unjustifiable result under principles of [precedent], but would seriously weaken the Court’s capacity to exercise judicial power and to function as the Supreme Court of a nation dedicated to the rule of law.” In other words, the Court cannot break with precedent, even though it had done so before when raised many troubling questions for the Supreme Court.
The Court only made the division over abortion more contentious, and it became a central issue and litmus test in the growing culture wars.
If anything, the issue became infinitely more divisive between the pro-life and pro-choice movements.
Blackmun wrote the majority opinion and asserted, “The Constitution does not explicitly mention any right of privacy.
The Court also used the device of “substantive due process” of the Fourteenth Amendment that read, “No state shall…deprive any person of life, liberty, or property, without due process of law.” In other words, the Court utilized this clause not for due process on procedural grounds but rather on the idea that it could enunciate certain rights that were protected.
The issue of abortion was highly contentious in American society before case.
[But] the Court has recognized that a right of personal privacy, or a guarantee of certain areas or zones of privacy, does exist under the Constitution [in that required at least some protection.
Therefore, the state governments (through the democratic process of making laws in legislatures) had a “compelling interest” at some point in the pregnancy.