You are a Junior Supreme Court justice on Roe how would decide and why

  1. Credence2 profile image81
    Credence2posted 3 years ago

    1. The question is: is it universally accepted that life begins at conception?

    This is subjective, conservatives would say that in the affirmative and are talking about legislation protecting this potential human being from the point of conception. This has been taken into banning IUD and overturning prohibitions against contraception. This seems to go beyond abortion but stops anything unnatural from preventing natural conception. Is that realistic?

    2. But if the definition of where viable human life begin is ambiguous? Can anyone know for sure? I believe that the point where the fetus is viable outside of the womb is the point where the life of the fetus is as important as the life of the mother.

    Roe may well have been a poor ruling, as conservatives say that there is no constitutional right to privacy. But I beg to differ, as 4th, 9th and 10th amendment speaks to rights to privacy. Only in police states are rights to privacy abrogated. Can the state control what you read and what is available in your library? Without the right to privacy, there can be no real liberty.

    There was a case in Texas back in 2013 regarding same sex sodomy among consenting adults, Texas was told that the state's intervention in this matter was unreasonably intrusive into private affairs of individuals. There was a time when intimacy between different races was against the law in many states not that long ago. Does not everybody have the right to associate with whom he or she chooses? What about privacy?

    I don't feel that it is necessary to explicitly state in law or legislation those behaviors or laws that are a violation of privacy, and state law must be subordinate to those protections provided to all through the Constitution. All rights not retained by the Federal Government or the state are retained by the people.

    State legislators are not free to make law contrary to those principle.

    Where does the state's interests in preserving life verses the Right of the individual to reasonable expectations of privacy in their most intimate relationships find compromise?

    What would your position be from the bench, if you were there?

 
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