I am finding within myself a great desire to start celebrating January 22, 1973, as a generally cool day.
"Our task, of course, is to resolve the issue by constitutional measurement, free of emotion and of predilection." - Harry A. Blackmun, delivering the opinion of the court. (Ah, such poised detachment from a Republican... those were the days.)
Roe vs Wade is a flawed ruling, though. The argument the court took is not the strongest one they could have - in fact, it's not even the strongest one they had available. The fact that the result is correct does not change that the reasoning to reach that result does not necessarily lead there.
As I understood it, they declared that the the abortion statutes were void because they were too vague and infringed on the Ninth (just because we didn't list it as a right, it doesn't mean it's not your right) and Fourteenth (state can't pass laws to infringe on your rights, or deprive you life/liberty/property without due process) Amendment. What argument d'you think they should have gone with?
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(no subject)
Date: 2005-05-25 12:57 pm (UTC)Meanie.
(no subject)
Date: 2005-05-25 01:41 pm (UTC)"Our task, of course, is to resolve the issue by constitutional measurement, free of emotion and of predilection."
- Harry A. Blackmun, delivering the opinion of the court. (Ah, such poised detachment from a Republican... those were the days.)
(no subject)
Date: 2005-05-25 01:51 pm (UTC)(no subject)
Date: 2005-05-25 10:18 pm (UTC)(no subject)
Date: 2005-05-26 01:01 am (UTC)