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Roe V. Wade - Research Paper

Roe V. Wade


Many critics of the Roe v Wade resolution dispute that the Supreme
Court's decision was mistaken because, as said by Robert Bork, "the right
to abort, whatever one thinks of it, is not to be found in the
Constitution". Consequently, they say the court did not translate the
Constitution at all in making their influential mark on the citizens of the
United States. Ronald Dworkin, on the other hand holds a different
perspective of this situation. He tends to believe that although the
technical terminology of abortion was not stated in the Constitution, the
simple right of privacy, which in his mentality, deals with termination of
a pregnancy.
Some critics of the decision regarding ...

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qualifies as a legal argument ". (pg,
103, Bork) He continues to say " It is unlikely that it ever will,
because the right to abort, whatever one thinks of it, is not found in the
Constitution ". (Pg, 103, Bork)
Dworkin, distinguished author of the book titled Life's Dominion,
feels differently than the critics described above. He deems that the
court does in fact have the right to interpret the Constitution. Dworkin
agrees with Justice Blackmun's opinion in this great philosophical issue.
Blackmun feels that " a pregnant woman has a specific constitutional right
to privacy in matters of procreation, and that this general right includes
a right to an abortion if she and her doctor decide upon it". (pg. 105,
Blackmun)
In 1965, another case regarding the right of privacy made a lasting
and influential mark as well. In Griswold v. Connecticut the Court decided
that a state does not have the right to prohibit the sale of contraceptives.
Justice Brennan, speaking ...

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PAPER DETAILS
Added: 5/6/2004 12:48:57 AM
Category: Government
Type: Premium Paper
Words: 831
Pages: 4

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