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Note well: if Ely’s indictment is well-founded-as momentarily I shall — Roe v. Wade

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"Note well: if Ely’s indictment is well-founded-as momentarily I shall show it is-then Roe was indeed an arbitrary resolution of the abortion matter, no different in kind from the bare minimum that our politics could have supplied. The charge is an especially grave one. For if the charge is proved, then the Roe Court is guilty not only of false advertising, but of resolving this critical matter by standards which the Justices themselves say are unfit for a free people under this Constitution-by mere “predilection”. And if abortion is a question to which no just or principled answer is possible-a proposition I deny but which the Court evidently affirms then the question must be resolved according to someone’s “predilections.” By the Justice’s own account, that is the business of the people, acting through their elected representatives. We have, one might well say, a “principled” means under our constitution for settling inescapably arbitrary” matters-democracy, the ballot box. Can the Roe Court avoid this charge of arbitrariness? It cannot. I wish today to make that case by investigating a so far unnoticed future of the Roe opinion. I consider it dispositive evidence in favor of Justice White’s charge, seconded by Ely, that Roe represents power, pure and simple."
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Roe v. Wade
Roe v. Wade
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Roe v. Wade, 410 U.S. 113 (1973), was a landmark decision of the U.S. Supreme Court in which the Court ruled that the Constitution of the United States protected the right of pregnant women to choose to have an abortion before the point of fetal viability. The decision struck down many state abortion laws, and it sparked an ongoing abortion debate in the United States about whether, or to what ext

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"As a nation today, we have not rejected the sanctity of human life. The American people have not had an opportunity to express their view on the sanctity of human life in the unborn. I am convinced that Americans do not want to play God with the value of human life. It is not for us to decide who is worthy to live and who is not. Even the Supreme Courts opinion in Roe v. Wade did not explicitly reject the traditional American idea of intrinsic worth and value in all human life; it simply dodged this issue."
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Roe v. Wade
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"Presumably, therefore those women who qualify for a legal abortion according to the terms of the statute should be able to obtain one, regardless of their race or socio-economic status. There is nothing demonstrable in the differences of skin color or economic condition which suggests that a substantially smaller proportion of the poor or the non-white fall into this category than that of the white and the non-poor, or that the poor and non-white have a substantially different moral attitude on abortion. On the contrary, a recent study of births occurring between 1960 and 1965 led investigators to conclude that one-third of Negro (as contrasted with one-fifth of white) births were unwanted. Unwanted births were in general more than twice as high for families with incomes of less than $3,000 as for those with incomes of over $10,000; this differential was "particularly marked among Negroes." The results indicated, in the view of the investigators, that there is a "coincidence of poverty and unwanted births rather than a propensity of the ‘poor’ to have unwanted children." One explanation for this high level of unwanted births among the poor and the non-white is surely the fact that they do not have equal access to abortions. Data demonstrate that the poor and the non-white do not receive this medical treatment on the same terms as do others. They thus suffer a particularly harsh and adverse effect from the operation of this statute, as they do from that of the other restrictive abortion laws which have existed and currently exist in the United States...."
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Roe v. Wade