Re: abortion
trespassers will wrote:But Roe V. Wade wasn't decided on the narrow issue of "reproductive rights", that's just a fine tuning of the message that's been done by pro-abortion folks in recent years. The issue is whether or not a person has the fundamental right to choose what to do with his or her body under our Constitution. Now, maybe we do. But if we do, it is in the broadest possible sense. There's clearly no mention of reproduction in the Constitution. I don't see how you can reasonably argue that "reproductive rights" is the issue.
This is thoroughly specious line of reasoning--i recognize that you likely make the argument in good faith, but it is unsupportable. The following is from the text of Justice Blackmun's written majority opinion:
"This right of privacy, whether it be founded in the Fourteenth Amendment's concept of personal liberty and restrictions upon state action, as we feel it is, or, as the District Court determined, in the Ninth Amendment's reservation of rights to the people, is broad enough to encompass a woman's decision whether or not to terminate her pregnancy. The detriment that the State would impose upon the pregnant woman by denying this choice altogether is apparent. Specific and direct harm medically diagnosable even in early pregnancy may be involved. Maternity, or additional offspring, may force upon the woman a distressful life and future. Psychological harm may be imminent. Mental and physical health may be taxed by child care. There is also the distress, for all concerned, associated with the unwanted child, and there is the problem of bringing a child into a family already unable, psychologically and otherwise, to care for it. In other cases, as in this one, the additional difficulties and continuing stigma of unwed motherhood may be involved. All these are factors the woman and her responsible physician necessarily will consider in consultation.
"On the basis of elements such as these, appellant and some amici argue that the woman's right is absolute and that she is entitled to terminate her pregnancy at whatever time, in whatever way, and for whatever reason she alone chooses. With this we do not agree. Appellant's arguments that Texas either has no valid interest at all in regulating the abortion decision, or no interest strong enough to support any limitation upon the woman's sole determination, are unpersuasive. The Court's [p154] decisions recognizing a right of privacy also acknowledge that some state regulation in areas protected by that right is appropriate. As noted above, a State may properly assert important interests in safeguarding health, in maintaining medical standards, and in protecting potential life. At some point in pregnancy, these respective interests become sufficiently compelling to sustain regulation of the factors that govern the abortion decision. The privacy right involved, therefore, cannot be said to be absolute. In fact, it is not clear to us that the claim asserted by some amici that one has an unlimited right to do with one's body as one pleases bears a close relationship to the right of privacy previously articulated in the Court's decisions. The Court has refused to recognize an unlimited right of this kind in the past. Jacobson v. Massachusetts, 197 U. S. 11 (1905) (vaccination); Buck v. Bell, 274 U. S. 200 (1927) (sterilization)."
Please note in particular the following statement, from the above excerpted paragraphs: "Appellant's arguments that Texas either has no valid interest at all in regulating the abortion decision, or no interest strong enough to support any limitation upon the woman's sole determination,
are unpersuasive.[/b] (The bold face italic was inserted by me.) The court was
not making a globally valid statement that rights to privacy found to be inherent in the 14th and 9th amendments in a history of appellate and Supreme court decisions is an unlimited right. The topic of abortion and the interest of a state in "asserting important interests in safeguarding health, in maintaining medical standards, and in protecting potential life" are the very narrow, specific topics of Blackmun's majority opinion. The following statement taken from the paragraphs excerpted above specifically contradicts your statement TW: "In fact, it is not clear to us that the claim asserted by some
amici that one has an unlimited right to do with one's body as one pleases bears a close relationship to the right of privacy previously articulated in the Court's decisions." Sorry, Boss, you're completely wrong on this one, and one only need scan the Blackmun opinion to find this text, which is how i came up with it. I have read these opinions in the past, so i knew what i was looking for.
For those interested in establishing their arguments with regard to
Roe v. Wade, the following will link you to a site at which you can read all of the opinions rendered by the Supremes in this case:
The Court's January 22nd, 1973 decision
This an aol site, which was convenient for me, because aol is my ISP. For those who might mistrust such a source, try the following link:
Library of Congress
and do a search on your own.