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Can anyone explain the rationale for Roe v. Wade?

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fujiyama Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-08-04 05:20 AM
Original message
Can anyone explain the rationale for Roe v. Wade?
I am no legal expert I think that it was based off of a right to privacy under the fourth amendment (granted that's not explicitly stated under the fourth amendment), but for some reason I just don't find the reasoning very sound.

Can anyone explain the reasoning? I personally am pro choice and am opposed to any restrictions on abortion, and while I find the outcome of RvW right, allowing access in all states, I still don't understand the reasoning. BTW, as an aside, did you hear how it was almost overturned in the Casey case? Apparenrly Kennedy switched in the end (too bad he didn't switch in '00 in Bush v. Gore).
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Dookus Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-08-04 05:23 AM
Response to Original message
1. It's based on the
"penumbra" or shadow, created by other rights. Basically, if the constitution won't let the government in your house, by extension, it won't let the government in your uterus.
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izzie Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-08-04 06:37 AM
Response to Reply #1
2. Only John Ashcroft gets in there. Right?
Do you think it will be over-turned?
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patricia92243 Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-08-04 07:32 AM
Response to Reply #1
3. I keep snickering over the phrase "can't get into you uterus" true but...
still a funny turn of phrase. I love it!
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no_hypocrisy Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-08-04 07:49 AM
Response to Reply #1
4. The "penumbra" of privacy rights was originally recognized in a SC case
Edited on Mon Mar-08-04 07:50 AM by no_hypocrisy
a few years earlier, Griswold. In that case, the state of Connecticutt made it illegal to sell or provide birth control of any kind to MARRIED couples. A birth control center run by Bill Baird sued to challenge the constitutionality, claiming this law impermissibly interfered with the privacy between a woman and her physician and between a husband and a wife, the latter having the right to make choices alone in private regarding whether or not to have children (read, the right to engage in a sexual relationship without fear of pregnancy). A couple of years later, a similar case made it to the Supremes wherein it was decided that UNMARRIED consumers could legally purchase or receive birth control devices because of the same privacy rights.

When Roe was decided, the privacy rights recognized in the aforementioned cases were extended to the right of a woman to decide without government interference and/or penalty the right to terminate her pregnancy and not be coerced to be a mother.
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demigoddess Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-08-04 11:10 AM
Response to Reply #4
6. A little history here
In the late sixties, right before I was to be married I went to a dr. to get birth control pills, and I thought I was in big trouble for a few minutes. The dr. relented a little when I told him I was to be married in a month but he also insisted on running a Wasserman test, which was required to get married in those days.
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wildwww2 Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-08-04 08:05 AM
Response to Original message
5. My body is no ones god damned issue. But my own. So simple
that repukelicans don`t mind that Bu$h paid for an abortion for his own youthful fun. But any non GOPer. No way. Freedom of speech is only proper coming from non-liberals if you turn on the TV any of those over paid over dressed jerks will tell you.
Peace
Wildman
Al Gore is My President
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