most definitely not. no one has the right to make health decisions about a woman's body except a woman and her doctor. period, end of story. anything else is an invasion of privacy and reduction of civil rights.
2006-07-31 17:49:38
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answer #1
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answered by Anonymous
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It should be overturned. It was a completely false interpretation of the Constitution.
In Skinner v. Oklahoma, the first "reproductive freedom" decision, the Court stated that the Equal Protection Clause was violated. This is a precedent which actually contradicted a previous precedent, but did not purport to overturn the previous decision. The doctrine stated on that occasion was purely an invention. New law. No basis in the Constitution at all.
In Griswold v. Conn., the first articulation of the "right of privacy" concept, the Court stated that "penumbras" which "emanate" from various provisions in the Bill of Rights was violated. The Court explicitly stated that the Due Process Clause, in and of itself, was not violated. But the connection between "privacy" and the various provisions in the Bill of Rights which were alleged to be at stake was completely, ........ well, ......... UNconnected. Again, this was just plain new law.
In Roe v. Wade, the Court claimed to have a bunch of precedents for its decision. Most of the precedents talked about in Roe had nothing WHATSOEVER to do with "reproductive freedom." The only two precedents which did have something to do with "reproductive freedom" were the ones I just talked about, but neither one of them claimed that the Due Process Clause was violated. In Roe, the Court said that laws banning abortion violate the Due Process Clause. The Court didn't really care WHICH provision guarantees the right to abortion. The Court just wanted to say that abortion is a constitutional right. They just plain invented new law. Their discussion about precedents was merely a juggling act; or, worse, a slight-of-hand trick. Furthermore, Due Process is not violated by a law which bans abortion for the same reason it is not violated by a law which bans insider trading: the only thing that the Due Process Clause prohibits is the punishment of a person without following established, fair procedures.
Roe v. Wade should be overturned because it is a lie about the Constituion.
Even Alan Dershowitz has been saying for the last few years that Roe was not correctly decided. In October 2003, he participated in a panel debate about the Supreme Court and he said, ".... The other occasion in which the Court overstepped [its constitutional mandate] was Roe v. Wade. I myself personally and strongly support a woman's right to choose abortion. But I do not support the constitutionalization of that particular right."
2006-07-31 18:40:45
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answer #2
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answered by Anonymous
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No it should not. Yes, it is true that it was not based on any pre-existing law- it created a new one. That happens. And yes, it is also true that the woman involved in the case now wants it overturned. However, that woman today is not the same person she was 30 years ago. I personally do not want some 60 year old right or left wing anyone telling me what I have the right to do with my body. I am pro-choice, however personally I am pro-life.
2006-07-31 18:12:44
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answer #3
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answered by Margaret 4
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Yes, many court cases are overturned and changed, at one time the Supreme court upheld slavery, it upheld that blacks and whites could not marry, it upheld no voting for women and more. So as times changed, they changed thier decisions also.
first it was not based on any proper law. it made a new law, not ruling on an existing one.
seond its base was all made up, a medical procedure is not a privacy issue
third, even the person who filed the case wants it changed now.[
It needs to go back and be a state issue like it used to be
Each state having its right to set the law and rule on abortion
2006-07-31 17:55:59
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answer #4
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answered by Anonymous
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No because of precedent. If it is overturned, MANY, MANY cases will be affected, most of which have nothing to do with abortion (ie- personal privacy law will be heavily affected).
Also, no because of merits. Women should be able to have control over their bodies.
2006-07-31 17:48:42
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answer #5
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answered by Princess 5
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I would like the Supreme Court to show the strength of character to overturn it, because overturning it would be a brave decision. The woman in the case turned against abortion, from conception, after she converted, because at first she saw the cruelty of especially third trimester abortions, and later realised that there where a sperm and an egg unite a new human being comes into existence. 'Foetus' is Latin for 'offspring'. The offspring of a human being is a human being. Killing of people is not an answer or a solution, it is a crime and a problem. Mother Theresa, in life, said that she would find a house for every rejected baby brought to her, no need for abortion. Abortion, as also child abuse and child labour (which is found commonly here in Arabia, where the child must sell chewing gum or cloths or toothbrushes in exchange for place to sleep in her or his father's house, children of about four years old) are all signs of self-centredness of adults. The problem is therefore not children and foetuses and embryos, but adults who would not allow the sun to shine on anyone else but themselves. That is where the problem lies, and that is where the solution to the problem is. Yes, love and faith and hope are all decisions, but education is necessary for decisions to be the correct decisions. Education should therefore not be centred on the woman's right to decide whether she is going to kill her unborn child, but on the decision to love her child and to have faith and hope for herself and her child's future. Not all men are rapists, and education is necessary for men to be and to become the responsible fathers that they were created to be. However, abortion or not, like other moral questions, depends on the decisionmaker's belief or not in the existence of a creator/God. If the decisionmaker believes there is no God, then the decisionmaker as well as her child is only human tissue. If the decisionmaker believes in the existence of a creator/God, then decisions about birth and death are left to God. Every abortion is a sacrifice to the god of self, Satan. One of the differences between Satan and God is that God is love and that Satan hates people. God cannot deny Himself and Satan is the father of lies. In the coming New World Order Satan and his demons are going to suppress all the people, satanists included, because Satan hates people, including satanists. God loves people, including satanists, but He is not going to allow them into His new Jerusalem without them having rejected Satan's lies and accepted God's truth. In theory, on paper, abortion looks like a legal dream come true. In practice, I saw how a little baby girl, foetus if you like, give her last breaths after she was aborted. I so much wanted to do something for her, because if having been given a chance, that girl would eighteen years from that moment on have been a succesful young lady. There was nothing that I could do for her. I saw the photos of third trimester abortions, where the baby/foetus's buttocks were cut off so he/she bled to death. I saw the video of the silently screaming foetus as he/she tried to get away from the mercury needle. I saw the sonar video of a perfectly formed foetus, moments before he/she came out of the woman's womb in the form of mince meat. I concluded that a society's attitude towards abortion reflects that society's stage of moral development or moral degradation. I so much would have wanted to reach out to American Christians, because dark days lie ahead of all human beings, but I can't, and I can only thank God for having given Christians fruit of His Holy Spirit called love, hope and faith. America is going to fall, it spends more time on killing people than on saving lives, and therefore it spends more money using an overvalued monetary unit than it earns. Americans are going to learn the hard way that if a parasite sucked the host empty, then the parasite dies too. Mutualistic symbiosis would have been such a more viable way to live. A morally degraded society is a society near to its fall. Look at the Roman Empire and the Kahn Dynasty. They were morally depraved, and where are they now?
2006-07-31 19:07:34
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answer #6
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answered by Anonymous
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No. Abortion needs to stay legal. As with recreational drugs, criminalization will NOT make it go away.
2006-07-31 17:49:50
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answer #7
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answered by eatmorec11h17no3 6
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No , come Soylent green there will be controlled population and we may have to force abortion !
2006-07-31 17:56:06
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answer #8
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answered by ₦âħí»€G 6
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