Legal Reaction to the Case
The legal fraternity realized that the U.S. Supreme Court was loathe to re-visit its previous decisions or to endanger stability. Some of the justices had decided that even if the Roe holding had been wrong, they would rather amend parts of it instead of overturning it. ("Ken Starr Looks...," n.d.) They recognized that the force of stare decisis was the deciding factor in the decision. As a result of this realization, the pro-life lawyers geared up to fight abortion law at the state level by making it as restrictive as possible.
Historical Impact
The Casey holding cooled down the heightened expectations of the pro-life and anti-Roe activists. It removed the uncertainty (at least for the time being) about an important issue that has divided the American public along very divisive lines. It also sent an important signal to the U.S. Presidents that Justices appointed by them to the country's highest court do not always behave as the Presidents want them to. The Casey decision was significant in the fact that 4 Justices appointed by pro-life, conservative Presidents passed on the chance to repeal Roe while Justice White (appointed by the most liberal President Kennedy) voted to overturn Roe. ("Predicting Judicial Behavior...," 2004)
Current Relevance
Casey is still relevant because the present U.S. administration is clearly in favor of making abortion illegal, the Congress is dominated by Republicans and there is a possibility of replacement of more than one Justice on the Court during the 2nd Bush term. In such circumstances, the "shifting of the ground from Roe's "privacy" principle to the liberty principle of the 14th Amendment by Casey, may well be the key behind Roe's continued survival despite an unprecedented domination of all the 3 branches...
The winning side got what it wanted, in part - the continued legality of abortion - but it did not achieve a wider victor in the abortion war. Abortion's opponents were still represented by the dissenting justices. They too, used stare decisis in their opinion, but in a quite opposite fashion, laying open another path to those who might still hope to have abortion removed as a legitimate constitutional
Rules of Law It was January 23, 1973 and before the world knew, Roe v. Wade would change the laws surrounding the issue of abortion eternally. The decision and choice to terminate a pregnancy was illegal in Texas at the time, which was then challenged by the pregnant Jane Roe. She wanted to end her gestation in a safe and licit manner, and coincidentally the Supreme Court agreed in her
Abortion and the Right to Privacy It is a summary of the most important elements of your paper. All numbers in the abstract, except those beginning a sentence, should be typed as digits rather than words. To count the number of words in this paragraph, select the paragraph, and on the Tools menu click Word Count. United States' law is descended from English common law. As it stands, the historical idea of
Three decades following the original Court decision, many Americans continued to believe that the Roe v. Wade decision was morally wrong and strongly believed that it should, and could, be overturned. Other Americans, however, continued to just as strongly support the Roe v. Wade original decision. They had a deep moral belief that a woman should not be coerced by the country's law to bear a child if, for
This absolute right effectively means that the Court has determined that the fetus is not a human being prior to viability. Therefore, the effects on a fetus cannot be considered when deciding whether or not an abortion procedure is legal. The fact is that, pre-viability, even if a doctor where to completely deliver an intact fetus, it would be unable to survive outside of the womb. Therefore, a doctor
Potential Topics: The Impact of the Pro-Life Movement on Abortion Rates The Impact of the Pro-Choice Movement on Abortion Rates The Future of Roe v. Wade When Does Life Begin? Titles: [1] A Comparison of Abortion Practices in Different Countries and the United States The Current Status of the Abortion Debate in the United States How Will the Trump Administration�s Stance on Planned Parenthood Affect Abortion Rates in the U.S.? How the Pro-Life and Pro-Choice Movements have Affected Americans
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