SkipCaptcha
35,519
edits
Changes
Jump to navigation
Jump to search
mLine 12:
Line 12: + Line 22:
Line 23: + + +
added a few sentences
==Opinion==
==Opinion==
===Concurrences===
The opinion, written by Justice [[Harry Blackmun]], declares that [[abortion]] is a "fundamental right" under the [[U.S. Constitution]] and [[substantive due process]] under the [[Fourteenth Amendment]]. Writing for the 7-2 Court, Justice Blackmun held that abortion is a fundamental right because it falls under the "[[penumbra]]" of the [[right to privacy]]. ''Roe'' provided the underpinning for cases such as [[Griswold v. Connecticut]]<ref>See generally Griswold v. Connecticut, 381 U.S. 479</ref> and [[Lawrence v. Texas]],<ref>See, e.g., Lawrence v. Texas, 539 U.S. 558</ref> all of which set up spheres of personal activity which states cannot regulate without "good cause."
The opinion, written by Justice [[Harry Blackmun]], declares that [[abortion]] is a "fundamental right" under the [[U.S. Constitution]] and [[substantive due process]] under the [[Fourteenth Amendment]]. Writing for the 7-2 Court, Justice Blackmun held that abortion is a fundamental right because it falls under the "[[penumbra]]" of the [[right to privacy]]. ''Roe'' provided the underpinning for cases such as [[Griswold v. Connecticut]]<ref>See generally Griswold v. Connecticut, 381 U.S. 479</ref> and [[Lawrence v. Texas]],<ref>See, e.g., Lawrence v. Texas, 539 U.S. 558</ref> all of which set up spheres of personal activity which states cannot regulate without "good cause."
The "health of the mother" was defined to include the physical, psychological, and emotional health of the mother. There can be no requirement that the abortion reason be reported to anyone. The upshot is that any pregnant woman could get an abortion for any reason throughout the entire nine months as a constitutional right, provided that she could find an abortionist to do it.
The "health of the mother" was defined to include the physical, psychological, and emotional health of the mother. There can be no requirement that the abortion reason be reported to anyone. The upshot is that any pregnant woman could get an abortion for any reason throughout the entire nine months as a constitutional right, provided that she could find an abortionist to do it.
===Dissents===
====[[William Rehnquist]]====
William Rehnquist cited his dissent in Roe v. Wade on the argument that Roe's complaint does not justify nor give the court power to outlaw abortion restrictions in every state. He also listed 36 states with abortion restrictions to further argue his point in the general sense that powers not given to the federal government should be left to the states (also known as the [[Tenth Amendment]]).<ref>[https://college.cengage.com/polisci/eduspace/sources/civil_liberties/hmps_roevwade_dissent.html]</ref>
==Subsequent jurisprudence==
==Subsequent jurisprudence==