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Dissent - Coursework Example

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I strongly agree with Justice Scalia in disapproving the legalization of abortion by terming it as a ‘woman’s right to terminate pregnancy and a component of liberty (Murphy, et al. 2013). In conquering with women’s liberty to abortion, the court would be awarding itself…
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Scalia’s Dissent in Planned Parenthood v. Casey al Affiliation Scalia’s Dissent in Planned Parenthood v. Casey I strongly agree with Justice Scalia in disapproving the legalization of abortion by terming it as a ‘woman’s right to terminate pregnancy and a component of liberty (Murphy, et al. 2013). In conquering with 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 the 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 that there is no liberty in the jurisprudence of doubt, and therefore, the 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 by personal views would mean that each abortion court case would be characterized by random and unpredictable results of undirected human opinions. Evidently, the situation would portray lack of proper tools and mechanisms in the judge’s-workbox and in the lawyer’s, and the infliction of harm on the law through judiciary’s internal divisions.
I also support Scalia’s argument of constitutionalizing provision of truthful information to women seeking abortion even if it would influence their decision; emphasizing on the 24-hour waiting period; requisition of detailed demographic data regarding each women in search of abortion; and requiring that a doctor or a non-physician counselor offers information under the undue burden (Murphy, et al. 2013, 475). This stand depicts the state’s potential interest in life, and eliminates the difficulty in implementing the right to abortion (Murphy, et al. 2013, 471).
References
Murphy, Walter, Hermann Pritchett, , Lee Epstein, and Knight Jack. 2013. Courts, Judges, and Politics: An Introduction to the Judicial Process. New York: McGraw-Hill. Read More
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