What would be the best legal argument to overturn Roe v. Wade?

Answer 1

Well, there really isn't one beside the religion/conservative point of view. Overturning Roe vs. Wade by the way does not make abortion illegal. The issue would then go to the states as it is not really in the scope of the federal government. Each state at that point would have the ability to pass abortion laws as they see fit, either pro or against. But there really is no good argument to overturn it so I doubt that will even happen.

Answer 2

The best legal argument against Roe v. Wade is that the Constitution does not recognize a woman's interest in controlling her body to the extent that her right to do what she wants with her body trumps the states' interest in protecting a fetus. This argument runs into difficulty, however, because even conservatives recognize that people do have legitimate privacy interests, particularly where their own bodies are concerned, that may not be explicitly spelled out in the Constitution. For example, what if a state passed a law that said people could only have one child, as in China? You can bet that conservatives would be up in arms claiming that the Constitution prohibits the states from doing that.

So the second best argument against Roe v. Wade is that whatever a person's personal liberty interest, it does not extend as far as to deny someone else's right to live, in this case the right to live of the fetus. But this argument runs into the problem that there is no consensus on when a fetus becomes a human being. Is the collection of cells at the moment of conception a human being? If so, then why are people allowed to keep embryos left over from infertility treatments in a freezer and then dispose of them? If not at conception, then the fetus does not become a human being until further on in the pregnancy, say when it successfully attaches to the uterine wall, or when it starts to resemble a human being, or when it becomes viable outside the womb. Different people, and even different religious people, have very different ideas on this issue. That is why the Supreme Court said that a pregnant woman has the right to decide for herself whether she wants to terminate her pregnancy. The case can be criticized as implicitly deciding that the fetus is not a human being until the second or third trimester, because if the fetus were a human being before that time, then it would be difficult to justify granting the sole right to decide whether to carry it to the woman.

Answer 3

Thirty-one years ago, the U.S. Supreme Court handed down an opinion on a case filed by Norma McCorvey, known as "Jane Roe," which legalized abortions in all 50 states. Today, the former "Roe" of Roe v. Wade is diligently working to overturn her case, perhaps the most controversial court case in American history.

This controversy has shown Americans that those involved in the pro-life movement will never give up, and with these new developments, now is the time for those concerned with the effects of abortion to fight the hardest.

McCorvey has filed a Rule 60 motion that allows the original litigants in a court case to petition the court to change its ruling if relevant new facts are presented. In February, the 5th Circuit Court of Appeals agreed to hear oral arguments on the case. LifeNews.com reported that once a three-judge panel was named, it was decided that oral arguments were unnecessary. Instead, the court will make its decision based upon the more than 5,000 pages of affidavits filed by more than 1,000 women who have been harmed by abortion. Other women who have not spoken out yet should seize this opportunity today by visiting operationoutcry.org.

There are two situations the court should take into account when considering whether to overturn Roe v. Wade. First, if one can prove that a fetus is a living human being and abortion takes the life of that being, then abortion is murder. Thus, the fetus should be protected by law, and abortions should be illegal any time the fetus is human.

Second, if abortion is emotionally or physically harmful to the mother, it should be illegal for the sake of protecting the health and safety of the woman. Although, by virtue of free will, the woman can have an abortion despite any risks she might or might not know about, in the past, the government has banned harmful medical practices and drugs, such as Ephedra, to protect the welfare of Americans. If the government has the right to do this, it certainly has the right to ban abortion and should do so now.

Organizations such as Crossing Over Ministries (formerly Roe No More Ministries) and Operation Outcry: Silent No More focus on the latter condition.

A few of the women's affidavits can be found on Operation Outcry's Web site, operationoutcry.org. The women testify that they were not fully informed about the abortion procedure, its effects and about fetal development. They also tell about how the abortion led to extreme emotional difficulties. Planned Parenthood, however, denies that this is a common effect of abortion. But when woman after woman is testifying to how it caused her depression, hurt her spiritually, hurt her physically and hurt her relationships with others, all of the studies and surveys do not matter. Post-abortive women around the country are saying, "Abortion hurts women!"

And if abortions are hurting women, then, for the well-being of women nationwide, abortion should be banned.

In her affidavit, Kelli from Kentucky says, "By having abortion legal, you are essentially stating that it is OK to take advantage of someone who is already vulnerable." Roe v. Wade did more than legalize abortions: It endorsed them. The decision told women and men that, since abortion is legal, it is harmless. White, Kelli and thousands of other women know this is a lie.

Although women who choose to give their children up for adoption often still experience some emotional difficulty, they have the comfort that their child was given a better opportunity and the hope that one day they will meet again. The reunion process is almost always a great source of healing. This is something absent with abortion and, as a result, many post-abortive women report feelings of emptiness and despair after their abortion.

Sophomore psychology major Amy Reynolds, treasurer for Aggies for Life, said she believes that overturning Roe v. Wade is "long overdue."
"Not only have many unborn children died, but countless women and men have been harmed, too."

The court must take the testimonies of Operation Outcry seriously and recognize the physical and emotional dangers of abortion. After that, there is no reason at all to refuse to overturn Roe v. Wade.

Answer 4

As as staunch supporter fo women's right to chose and Roe v. Wade's long life, still if I had to overturn it, the obvious reason was state's right to decide tover a woman's rights. It is still iffy, unless the Syupreme Court is majoriotied by religious zealots to the far right which they basically are.

Answer 5

Legally you can overturn Roe vs Wade. As legally you can instate slavery. As in The Nazi Germany they legally introduced books burning and persecution of Jews and socialist. as in USSR legally took out religion.

We can continue the list.

Legally you can do anything if you are the ruler. The history and the people will judge you if you do so.

Answer 6

Despite the horses--t answers you have above me regarding women's rights, etc., the fact is there is no constitutional right to privacy mentioned anywhere in the document. Additionally, abortion was ably addressed by state legislatures long before the pro-abortion attorneys manipulated Norma McCorvey, and as a result should have been outside the purview of the Federal regulatory environment.

Answer 7

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Answer 8

article 10 of the constitution.

The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people.

i am very pro choice, but, think that states rights is more important aspect to our constitution and the fact that we are ignoring it and making the federal government more powerful is very upsetting to me. a state should have the right to outlaw abortion.

to me, it seems like the what the founding fathers envisioned is a bunch of very different states so you can choose where to live. for example, let's say georgia outlaws abortion, outlaws prostitution, and outlaws gambing, where as nevada has legalized abortion, legalized prostitution, and legalized gambling. depending on your personal beliefs and values, you choose where you want to live.

Answer 9

Roe v. Wade is bad law and violates the 10th Amendment since it is not a right specifically granted to the Federal Government.

Answer 10

Row vs Wade? Bush didn't care how folks got out of flooded New Orleans.