Tuesday, August 27, 2019
Roe v. Wade, 410 US 113 (1973) (opinion of Blackmun, writing for the Essay
Roe v. Wade, 410 US 113 (1973) (opinion of Blackmun, writing for the majority, parts 5 11 or V XI ) - Essay Example Roeââ¬â¢s argument remains controversial throughout Supreme Court history since they are centred towards abortion rights. Blackmun argument divides pregnancies in three stages; first, second and third trimester. In the first trimester, a woman had unrestricted choice to abort if she had consulted her physician therefore; he held that the committee and hospital requirements were unconstitutional. In the second trimester, medical practitioners argue that the abortion poses a threat to the health of a woman and thus state could protect the women by regulating abortion. During the third trimester there was a need to protect a foetus by restricting abortion but Blackmun argued that since the moral and medical status of the foetus are uncertain, the state could not draw their argument on when life begins. For example, the state could not argue whether the fetus and newborn have equal rights if life begun at conception (Goldman 929). Similar justice majority in Doe restated largely and fleshed it to Roe ruling. Justice Blackmun when he wrote to the compact majority, he determined the regulations of the state could pose an obstacle to procedural abortion more specifically in this case, whether the law stipulated that the abortion could be done in a hospital or receive approval by two doctors. This was regarded as a violation to womens intention to terminate pregnancy. Many women have far and wide experience the burden of abortion as a result of the risks that result from aftermath of conception. In this regard, Blackmun argues that the government should relieve the women the burden by allowing them to make independent decisions since they are the transcendental finalist of the effects of abortion or rather not aborting. He further acknowledges the need to resolve the issue of abortion due to its emotional and sensitive nature. The subject of
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