There is a specific language in the U.S. Supreme Court decision that may have contributed to the ongoing debate to overrule Roe v. Wade. The court held that Roe and members of her class together with Dr. Hallford had standing to sue and therefore presented justifiable controversies which lacked support leading the court to hold that, ‘the ninth amendment protects the fundamental rights of single women and married persons to choose whether to have children through the fourteenth amendment’ (Nowak, & Rotunda, 2004).
The main points of the U.S. Supreme Court’s opinion in both cases where based on the State criminal abortion laws, where it considered abortion as only acceptable on life-saving procedures where the mother’s live is in danger. In addition, the law should take into consideration the stage of the pregnancy and any other considerations but not only saving the mother’s life. since this would violate the fourteenth amendment. Therefore, the Due Process Clause protects the right to privacy which includes women rights to terminate pregnancy against state action, where the state cannot deny a woman the right but has potential interest in protecting the woman health as well as the human life at different pregnancy levels.
Powers enumerated in the U.S. Constitution for each branch of government have shifted over the years as a result of decisions made by the U.S. Supreme Court (Tushnet, 2005). The Judicial branch of the government interprets the law and also settles disputes among states. There is a federal judiciary which was drafted in Article 3 of the Constitution and it serves to check power of the legislative and executive while also settling disputes among states (Keck, 2004). Judicial review is therefore the most important power of the Judiciary (Noonan, 2002) and was created in 1803 by Supreme Court Decision during Marbury verses Madison case.
Keck, T. R. (2004). The Most Activist Court in History: The Road to Modern Judicial Conservatism. Chicago: University of Chicago Press.
Noonan, J. T. (2002). Narrowing the Nation’s Power: The Supreme Court Sides with the States. Berkeley: University of California Press.
Nowak, J. E & Rotunda, R. (2004). Constitutional Law. (7th ed). West Group, Good Starting Point in Print
Planned Parenthood of Southeastern Pennsylvania v. Casey, 505 U.S. 833(1992) Nos. 91-744, 91-902. Argued: April 22, 1992 Decided: June 29, 1992
Roe v. Wade, 410 U.S. 113(1973) No. 70-18. Argued December 13, 1971 Reargued October 11, 1972 Decided January 22, 1973
Tushnet, M. (2005). A Court Divided: The Rehnquist Court and the Future of Constitutional Law. New York: W.W.Norton Co.
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