Monday, October 09, 2006

South Dakota Abortion Ban: Roe Was Bad Law, Should be Abandoned

The 1973 decision of the United States Supreme Court, in Roe v. Wade, has come under almost universal criticism. It may be one of the most criticized decisions in the history of the Court, with the exception of the Dred Scott decision. Even Justice Ginsberg, one of the most liberal members on the Court, has criticized the decision. There is obviously much to criticize. On the basis of a privacy right, which is nowhere to be found in the Constitution, the seven-member majority declared that a woman has a constitutional right to an abortion, and that the laws of a majority of the states, which had been on the books for more than a century, were unconstitutional. Justice Blackmun found that, given the current state of medicine knowledge, it was impossible to conclude when life beganand he then proceeded to conclude that the life begins at birthand that life within the womb is only potential human life, which conclusion is philosophical basis for the Courts decisions since 1973.

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