" Roe, et al. v. Wade 410 U.S. 113 (1973)
DISSENTING OPINIONS
JUSTICE REHNQUIST
In a dissenting opinion, Justice Rehnquist states that the decision handed down by the Court is one in which a state is disallowed the imposition of any restrictions whatsoever on abortions during the first trimester of the pregnancy. Justice Rehnquist specifically states that there is nothing in the opinion of the Court that "indicates that Texas might not constitutionally apply its proscription of abortion as written to a woman in that state of pregnancy." Roe, et al. v. Wade 410 U.S. 113 (1973) Rehnquist further argues that "The Court eschews the history of the Fourteenth Amendment in its reliance on the 'compelling state interest test. But the Court adds a new wrinkle to this test by transposing it from the legal considerations associated with the Equal Protection Clause of the Fourteenth Amendment to this case arising under the Due Process Clause under the Fourteenth Amendment. Unless I misapprehend the consequences of this transplanting of the "compelling state interest test," the Court's opinion will accomplish the seemingly impossible feat of leaving this area of the law more confused than it found it. [p174]" Roe, et al. v. Wade 410 U.S. 113 (1973) Furthermore it is held by Justice Rehnquist that because that most of the States have historically placed restrictions on abortions for nearly 100 years that this is a "strong indication...that the asserted right to an abortion is not 'so rooted in the traditions and conscience of our people as to be ranked fundamental.' Roe, et al. v. Wade 410 U.S. 113 (1973) Another point made by Rehnquist is that in order to reach its opinion, it had to assume that the right to abortion was completely unknown to the drafters of the Fourteenth amendment and that "by the time of the adoption of the Fourteenth Amendment in 1868 that there were already "at least 36 laws enacted by state or territorial legislatures" that limited abortion rights.
JUSTICE WHITE
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