Roe v. Wade, 410 U.S. 113 (1973) - The Right of Privacy and Abortion

Extract

[...] Wade as we said earlier, any woman has the right to abort as long as the foetus isn't viable – around a week twenty-four. Thus, those laws are absolutely unconstitutional. These three very conservatives – if not the three most conservative states – know that they may be struck down, but they aim at giving the SCOTUS the opportunity to overturn Roe v. Wade. In a paradoxical way, some conservative writer admits that this anti-abortion law is ‘the most damaging development to the pro-life movement in decades' certainly meaning that by having such laws strike down over and over, it may have the pro- abortion movement stepping down. [...]

[...] She explains herself: we do not know where the conservatives actually stand. Brett Kavanaugh always affirmed, in his confirmation audience, being attached to precedents' stability as it has been said earlier. About Justice Robert, another law professor but from Cornell, Sherry Colb, says he's careful of his legitimacy and wouldn't do anything that would be talked about in all media. He already confirmed this position by allying with progressists to freeze a Louisiana Law preventing all but one doctor to perform the procedure in all state by establishing drastic conditions. [...]

[...] Wade U.S (1973) – The Right of Privacy and Abortion First of all, it feels right to define what's the right of privacy. Several definitions can be found. The right of or to privacy is the right not to have one's personal matters disclosed or publicised – Louis Brandeis who will be appointed to the Supreme Court qualified it as the right to be left alone. It can also be the right against undue government intrusion into fundamental personal issues and decisions. [...]

[...] This is basically the background of the Planned Parenthood V. Casey ruling of 1992. A Pennsylvania abortion act of 1982 imposed multiple condition in order to be allowed to abort – the doctors had to inform potential harmful effect, husband prior notice and parents' notification and consent for minors were required. The Court struck down the spousal condition but still upheld the parental notification and consent. Thus, more than one thousand and two hundred state laws regulate abortions by creating stricter standard on medical practitioners and facilities. [...]

[...] He also adds that, tanks to Trump's nominees, the SCOTUS is more conservative and if forced to make a real decision, Justices may ban abortion. But other conservatives, this Supreme Court seems unlikely to overturn Roe or Casey's cases – this is the case of Benjamin Shapiro who, in his daily radio show, said he has ‘serious doubts whether the Supreme Court, as currently constituted, would vote to overturn Roe v. Wade'. He thinks that nor Justice Kavanaugh nor Justice Robert would vote in favour of those overturn. [...]