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Abortion Rights American Legal System - Essay Example

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The American legal system is layered in to several parts, the most as compared to any other developed nations in this world. Every day courts render a decision that influence the lives of thousands of people across the territory of the U.S…
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Abortion Rights American Legal System
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Download file to see previous pages The affect of the decisions attributed, often vary in many aspects. Some decisions adjudged by the court affect only the party concerned, while there are certain prominent decisions that potentially affect the rights, benefits, and legal principles of virtually all the Native Americans. There are in stances when Americans welcome a certain ruling, while there are also cases that receive that disapproval and protests of the American citizens. However, the notable fact is that all American citizens accept the legitimacy of these decisions, and also of the courts role as the final interpreter of the law. It is certain that the citizens of America place their faith in the rule of law, and also cast their vote of confidence on the legal system of United States of America (State, 2001, p.6). Abortion rights in the American legal system The United States of America portrays an emerging trend where the freedom of choice is used to presage the freedom from responsibility. However responsibility is required from the fruitful exercise of any freedom. The abortion rights and the decisions rendered by the American legal system on the abortion rights of the Native Americans had a significant and widespread impact on the lives of the citizens across the United States of America. The rulings in abortion rights cases have given birth to more intense emotions in the American citizens....
It is essentially noted that the outset that this “freedom of choice” is exercised not only by the women of the country, but also by the men’s in the state. It is an often scenario that men, influence their wives and several other to undergo abortion so that they can be free from accepting the con sequences of their action. It is obvious that when a woman conceives, the action is a result of the process that involves willingness of both the man and the woman (apart from the instances of rape) (Bullock, 1994, p.1). The case of Roe vs. Wade Jane Roe was a fictitious name attributed to Norma McCorvey. She was an unmarried pregnant woman, an inhabitant of Dallas, Texas. Joe wanted to opt for abortion, and filed a suit in the year 1970, to prevent the Dallas county prosecutor Henry wade from imposing the antiabortion laws in her case. Although by the time the case was brought during the year of 1971, rose had already delivered her baby and put it up for adoption. Although roe was no longer pregnant, the United States court rejected the claims that the case was debatable, arguing that Joe might get pregnant again, and other women similarly situated would become pregnant. Justice Blackmun acknowledged the fact that, “pregnancy litigation seldom will survive much beyond the trial stage, and appellate review will be effectively denied” if a case became moot as soon as the pregnancy ended (Jburroughs, 2003). Blackmun declared that it would be unfair towards the women if the law in the states would be so rigid. He found that pregnancy serves a good reason for an end of non-mootness. The court focused on the merits of roe’s claim. Justice Blackmun considered the antiabortion legislation, as well as other various ethical, philosophical, and religious writings on the ...Download file to see next pagesRead More
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