Roe vs. Wade (1973) (Research Paper Sample)
Research Paper will have a FORMAL bibliography of the sources (minimum 10 sources)used including 2 journal articles. Wikipedia and other such online encyclopedias are unacceptable.
Roe v. Wade (1973), which affirmed a woman's right to an abortion.
Paper will be 5-6 pages in which two news articles about the decision are included. Must have citations and bibliography included
Do you think the decision you chose is an example of judicial activism or judicial restraint? Why and how?
Was the decision appropriate or should it be reversed? Why?
Roe v. Wade (1973)
Roe v. Wade was widely supported by those advocating for reproductive rights, but the ruling affirming the right of women to choose whether to abort is still controversial. The1960's and 70' saw active activism in public life including the reproductive rights of women, but anti abortion activists affirmed the right to support life under all circumstances. At the center of the controversy is the provision that women had the right to seek abortion as a form of bodily self-determination and right of privacy (Curry, 2010). Over time, states adopted variations of the Supreme Court Decision on legalizing abortion. This paper looks into the case of Roe v. Wade with the judges relying on judicial activism and the extent to which the decision was appropriate.
The debate surrounding the decision on Roe v. Wade has taken a more ideological and political angle departing from the legal decisions behind the ruling. For instance the Planned Parenthood group tends to discuss on the choices that women make, while anti abortion activists seek to overturn the ruling. In other words it is a debate pitying the progressive elements versus the conservative elements of society on the principles that should govern reproductive rights in the US. It is noteworthy that there has been increased skepticism on the question of abortion, while some states also have their own laws that make abortion legal (Forsythe, 2014). As such, the composition of the US Supreme Court will likely influence future decisions on whether to continue upholding the original ruling, since a more conservative bench with pro life judges is likely to overturn Roe v. Wade.
Roe v. Wade and Judicial activism
The Roe v. Wade (1973) ruling merely extended the right to privacy, and the judges ruled to strike down some of the state laws also that placed limits on abortion. American judges handle statutory interpretation as well as judicial review depending on whether legislation is consistent with the Constitution. Judges who adhere to the Constitution strictly by supporting the validity of laws to the letter exercise judicial restraint. On the other hand, those who look at the fundamental principles of legislations regardless of whether the principles are identified in the laws exercise judicial activism. As such if it appears as though the federal legislations are giants the Constitution principles they are more likely to be struck down by the activist judges.
The Roe v. Wade (1973) decision was based on an implied right to privacy for women to choose abortion as a reproductive right. In other words, the right of privacy was not explicitly enumerated in the constitution, meaning that the judges relied more on judicial activism. In essence, the judges relied on the Substantive Due Process where unremunerated rights are protected under the 14th amendment (Myers, 2014). The right of privacy is one of the rights which fall under liberty meaning that all fundamental rights are protected. In any case the Substantive Due process might be relied upon to protect an individual, even in cases where the Constitution does not mention a specific right in the Constitution.
The appropriateness of the Roe decision
The controversy surrounding Roe increasingly focused on whether the ruling was a matter of fundamental rights. In 1989, the Supreme Court voted 5-4 in favor of retaining stricter provisions for women procuring abortions in Missouri, but this also showed that there were differences on the need to restrict reproductive rights (Greenhouse, 2009). This provided a basis for pro life activists to argue that indeed the Supreme Court could also uphold some of the restrictions that may have been deemed an assault on the right of personal choice. The Missouri ruling recognized that state legislatures...
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