Scalias Dissent in Planned Parenthood versus Casey - Coursework Example

I strongly agree with Justice Scalia in disapproving of the legalization of abortion by terming it as a ‘woman’s right to terminate the pregnancy and a component of liberty (Murphy, et al. 2013). In conquering women’s liberty to abortion, the court would be awarding itself sovereignty that could have led to false decisions made beyond the immediate facts of crucial cases. In addition, leaving women to make decisions regarding abortion on to the women would end up avoiding huge issues that would be resolved through even more confusing policies.
Scalia’s stand is that there is no liberty in the jurisprudence of doubt, and therefore, popular will and public pressure should not be allowed to influence court rulings to avoid ruling according to the law. Consequently, the courts would be forced to abandon the constitution regarding the issue of abortion, thus forcing judges to substitute the law with their personal views and this would be even more chaotic. Ruling on personal views would mean that each abortion court case would be characterized by random and unpredictable results of undirected human opinions. The situation would portray a lack of proper tools and mechanisms in the judge’s-workbox and the lawyer’s and the infliction of harm on the law through the judiciary’s internal divisions. Read More