@ tec ,,What is roe? Roe vs Wade= supreme court case makin abortion legal...
Abortion double standards
by Flat_Accent 11 Replies latest watchtower beliefs
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Band on the Run
Roe v. Wade held that a woman's liberty interest in her body overrode any legitimate state's interest in restricting abortion. If you read the U.S. Constitution as a whole, and even the English history behind it, most of the provisions deal with privacy from the government. Government is restricted b/c there is a recognition that individuals have rights. It is the core of freedom. The problem is that "privacy" is not expressly stated. Under the power of the Catholic Church and other religious groups, states passed laws affecting human reproduction. Birth control was banned in many states. Oral sex was banned, also. Teaching birth control could cause a conviction. I believe birth control could not be discussed between an md and a married couple.
Beginning in the 1960s, legal challenges were brought forward. It was innovative work. Law schools published law review articles so justices could cite those articles as legal scholarship. There was a pr campaign. Griswold v. Connecticut (1962?) was the first victory. Married couples had a right to birth control b/c of the sanctity of marriage and privacy rights.
Roe v. Wade was the most controversial case and remains so. Roe held that a woman's liberty interest in her body outweighed any legitimate secular (church concerns were completely impermissible) interest of the state. The state could impose minimum, bot not restrictive, standards for abortion clinics. The problem with Roe is that the justice who ended up writing the opinion, Justice Blackmun, veered away from law somewhat and into medical science. The justices still alive say the phrase that privacy is in "the penumbra of the const'n" say it was not important. Since privacy is not expressly mentioned, the case is a bit weak legally.
The longer Roe precedent, the harder it will be for antichoice forces to try to have it overtuned by a different Court. Several conservative current justices say they disagree with it but will not overturn it b/c it has become too enmeshed in our system.
Justices have to have security b/c of death threats from the right wing religious groups. Society has moved towards embracing women's liberty interest b/c of Roe. Every presidential election raises the question of the winning party nominating justices willing to overturn Roe. (GOP).
I am older so I remember hearing about illegal abortions, Park Ave. abortionists and scraping money together to go to london. I suppose Canada may also have had restrictions. I don't know for certain.