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Partial Abortion Fair or Falacy

Updated on July 11, 2008

Over Stepping The Lines

Bold, to say the very least. For the Supreme Court to overturn law that has stood for 35 years sets an amazing precedent. Roe v. Wade, made and changed history as we know it. The holding in that case was: To what extent is the state's role in protecting life and at what point are such laws impeding upon constitutional right-to-privacy? The issue of protecting life and privacy clearly met at a crucial peak sparking great interest on both sides,and even then in 1973 one side was proven to be stronger than the other. The courts agreed, deciding that a woman's body was hers-and-hers alone to govern. It was found that essentially the laws that preexisted most common law, were contrite and dated and in all fairness to current status, (for that era) impossible to press upon the masses. This is true even today. The courts also cited the act that a woman's right to terminate pregnancy preexisted common law as it were. Therefore deeming it an ungovernable issue and moot point.

The only question that remains is what would Blackmun say today? Justice Blackmun wrote the majority opinion in 1973 in Roe, and within his words you can hear the subtle rumble of a man torn between politics and personal beliefs. Blackmun, for many years past concurred with Justice Rehnquist in cases pre-dating Roe v. Wade and now found himself leaning towards the liberal opposition; sifting through old law to make comparison before ruling. None existed on the Supreme Court Level. There are now, however, the precedent setting cases of 1973 in Roe v. Wade and Doe v. Bolton that the Supreme Court today has a duty to follow.

As Blackmun had begun to do then, so should the rest of the world now in making room for tolerance and acceptance of others irregardless of their individual ideologies no matter how far set apart they are from our own. Nearly twenty years to the date of Roe a dramatic shift of opinion in Brown v. Board had begun. Beautiful. It was essentially time then, just as it is now, for change. The world should not shy away from the inevitable, but rather embrace beliefs that at first glance may feel unsettling. It should also not in any way make a woman's womb a debatable issue or court room drama. Laws were made for order, and community safety and protection, but those laws should never infringe upon a woman's right's as an American citizen.

Works Cited:

Roe v. Wade, 410 U.S.113, 93 S. Ct 705 (1973)

Doe v. Bolton, 410 U.S. 179 (1973)


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    • PEN-n-PAD profile image

      PEN-n-PAD 9 years ago from Washington

      Your really intuitive. I have taken a few legal courses in my time. I love law, but unfortunately my passion has switched lanes, and now I'm here pouring out my soul for all to read. Thank you so much for your kind words. Oh and even more sick- I loved briefing cases!!! I know I'm twisted.

    • guidebaba profile image

      guidebaba 9 years ago from India

      Excellent. Looks like you are/were a Law Student. I too had interrest in this, but i hated those Case studies and tons of articles and sections.