Roe v. Wade: 35 Years Ago Today
35 years ago, women did not have a constitutional right to control their bodies. That changed when Roe v. Wade was decided. It is fashionable today in legal circles to attack the legal reasoning of Roe. While I believe Justice Blackmun's prose could have been better, the central legal premise was and remains sound:
The Constitution does not explicitly mention any right of privacy. In a line of decisions, however . . . the Court has recognized that a right of personal privacy, or a guarantee of certain areas or zones of privacy, does exist under the Constitution. In varying contexts, the Court or individual Justices have, indeed, found at least the roots of that right in the First Amendment, . . . ; in the Fourth and Fifth Amendments . . . ; in the penumbras of the Bill of Rights . . . ; in the Ninth Amendment, . . . .; or in the concept of liberty guaranteed by the first section of the Fourteenth Amendment . . . . These decisions make it clear that only personal rights that can be deemed "fundamental" or "implicit in the concept of ordered liberty," . . . , are included in this guarantee of personal privacy. They also make it clear that the right has some extension to activities relating to marriage, . . . ; procreation, . . . ; contraception, . . . .; family relationships, . . . ; and child rearing and education, . . . This right of privacy, whether it be founded in the Fourteenth Amendment's concept of personal liberty and restrictions upon state action, as we feel it is, or, as the District Court determined, in the Ninth Amendment's reservation of rights to the people, is broad enough to encompass a woman's decision whether or not to terminate her pregnancy. . . .35 years ago today, an important step was taken in recogizing the equality of women and in recognizing the right to privacy. Fighting to preserve this advance has been central to progressives and Democrats since then. The challenge remains. Roe now probably stands with a precarious 5-4 majority in the Supreme Court. There is no more important issue in this Presidential campaign than the appointment of Supreme Court justices. John Paul Stevens is 87. Justices Ginsburg, Breyer and Souter are 68 and older. We MUST elect a Democrat. Nothing is more important in this election.
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