Supreme court cases Essay Example | Topics and Well Written Essays - 750 words

Supreme court cases - Essay ExampleDissent opinions among the judges suggest potential existence of flaws and that the perceptiveness could be wrong. This paper reviews the Supreme woo termination on the case of Roe v. Wade with the opinion that the court erred in its decision. The case involved decision on legality of spontaneous abortion based Texas laws that prohibited abortion. The court ruled against verbalise law and explained that a woman has a full to abortion. The Supreme Court further stated that this correctly was constitutional, derived from two amendments of the United States constitution. The Ninth and Fourteenth Amendments, the court explained, provide for the right to personal privacy, and grants a woman the sole right to make decisions on reproductive issues (United States Confederation of Catholic Bishops 1). The court further explained that the fetus lacks personality and therefore does not ask a right to life, an program line to the effect that abortion d oes not amount to any element of murder. The court however established a strategy for determining the rights of a woman and rights of the state regarding abortion in which the state has no right over abortion in the first three months of pregnancy. The decision granted the state limited right to protecting the m early(a)s rights in the second trimester and right in the fetus life in the last three months of pregnancy (Gerber 181). ... Interpreting the tenth part amendment together with the Ninth amendment grants states the power to make laws on abortion. The Ninth amendment is clear that recognized rights in the constitution shall not be construe to impair another(prenominal) right but the Texas law on abortion was not specifically based on a right. Even though the law prohibited abortion unless the mothers life was in danger, secondary rights such as rights of the fetus were not primary to the law. This means that the Ninth amendment that limits interpretations of some rights to d isadvantage others should have not been applied against the abortion law and abortion laws, having not been provided for by the constitution, should fall within jurisdiction of states (Rechtschaffen and Markell 41). Provisions of the Fourteenth amendment also appear dubious to have warranted the Supreme Courts decision to legalized abortion. While the amendment provides that states should not enact laws that infringe peoples rights, the amendment fails to recognize limits of peoples rights and unless interpreted will other laws, is repugnant to natural justice and other peoples rights. If, for example, that a persons right is a threat to other people then care must be taken to limit such a right. While this argument does not rely on potential rights of the fetus, it notes that independent reliance on the Fourteenth amendments provision for supremacy of constitutional rights was not the right basis. The Texas abortion law would fall under cases of utilise Fourteenth amendment right s towards injustice (Miller and Jentz 9). The courts decision is also contradictory because it reprimanded the Texas abortion law for infringing womens rights but at