: Judicial Decision Making Analysis - Essay Example

Judicial Decision Making Analysis In The Case Of Roe v. Wade (Complainant and Texas District Attorney The decision arose from a constitutional challenge to the Texas legislation banning all abortions except where the mothers’ life is clearly threatened. In 1973 the US Supreme Court decided by a majority that such a law was too broad and unjustifiably infringed on Roe’s Ninth and Fourteenth Amendment rights containing the Bill of Rights and the concept of liberty guaranteed, respectively.

(US Supreme Court VIII) The Court ruled that while medical risks of late term abortions justified states restricting and even prohibiting abortions in these cases to protect the woman’s health, the low risk of early term abortions did not warrant the overrule of their rights (US Supreme Court VII). Therefore the Texas law was struck down. This decision did not legalize abortion per se. It simply stated the state must justify infringement on women’s liberty by demonstrating significant health risks in allowing abortion.

American society is largely divided into so called “pro life” and “pro choice” camps. The former group, often using theological arguments, claims that life begins at conception, not when the baby begins to function independent of the mother. Therefore they consider abortion as murder, justifiable only to protect a mother’s life. The “pro choice” camp argues that while conception and gestation are necessary precursors to life, life itself does not begin until the baby separates from the mother or is “born”.

Therefore, abortion is not murder and a woman should be free to make choices regarding her own body. These opposing views have significant ramifications for American public opinion, judicial decision making and politics. For example, the Republicans while economically liberal, tend to be socially conservative, especially the fundamental religious right. Therefore, they would more likely support the “pro life” position and be very restrictive in allowing abortions. On the other hand, the Democrats and their supporters tend to be more socially liberal and favor the “pro choice” view.

The party in power not only affects abortion legislation , but it can also influence Supreme Court decisions, as the President appoints Justices to replace those retiring Therefore, had Romney been elected President , since he campaigned as a “pro life” candidate, he would likely have appointed Justices he knew would favor his position whenever he could. References1). Lewis, June Johnson “Roe v. Wade Supreme Court Decision” retrieved from http//womenshistoryabout.

com/ed/ abortions/legal/roe_v_wade.html.2) “US Supreme Court Roe v. Wade 410 US 113(1973) Roe et al v. Wade District Attorney of Dallas County Appeal from the United States District Court for the Northern District of Texas” retrieved from http://laws.fieldlaw.com/us/410/113 .html.