Tuesday, October 1, 2019

The Debate Over Roe v. Wade :: abortion argumentative persuasive argument

The Debate Over 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 Roe v Wade feel that the court is, in a sense, legalizing murder. Most refined critics on the other hand believe that the Court's decision on this issue was indeed wrong, but for different reasons. Like Bork, many feel that the Court had no right to interpret the binding piece of our country, the Constitution. Since the word "abortion" is not used in the Constitution, right-wing lawyer Bork states " Unfortunately, in the entire opinion there is not one line of explanation, not one sentence that 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.

No comments:

Post a Comment

Note: Only a member of this blog may post a comment.