Paper Details  
 
   

Has Bibliography
7 Pages
1737 Words

 
   
   
    Filter Topics  
 
     
   
 

abortion

decision in Roe v. Wade was handed down on January 22, 1973. The Courts ruling marked the formation of Americas first national abortion policy. In the opinion of the Court, a womans right to obtain an abortion was protected by a right to privacy found in the national Bill of Rights. The logic used by the Court, the finding of a right to privacy in the Constitution and extending that right to encompass abortion, was proper and well devised. Some criticized the Court for using the right to personal privacy to over rule abortion laws implemented under state police powers, and criticized the Court for finding a right not specified in the Constitution (p.46). Still, a majority of the Court saw the states right to regulate abortion under police powers in a different light. Seven Justices clearly concluded that a womans constitutional right to privacy was more important that a states right to regulate abortion under its police powers (p.46). Although I agree with the Courts decision to make individual rights a priority, I also agree with the Court for not making abortion an issue entirely free from state involvement. Justice Blackmun wrote, The Courts decisions recognizing a right of privacy also acknowledge that some state regulation in areas protected by that right is appropriate (p.49). It was important for the Court to recognize that the right to privacy does not make a womans right to an abortion absolute under all circumstances, free from state influence. The right of personal privacy includes the abortion decision, but that this right is not unqualified and must be considered against important state interests and regulation (p.49). Although limited, the state must play a role in abortion policy. States must look out for the welfare of the public. Justice Blackman added, A state may properly assert important interests in safeguarding health, in maintaining medical standards (p.49). Although the Courts decision in Roe v. Wade legaliz...

< Prev Page 4 of 7 Next >

    More on abortion...

    Loading...
 
Copyright © 1999 - 2024 CollegeTermPapers.com. All Rights Reserved. DMCA