StudentShare
Contact Us
Sign In / Sign Up for FREE
Search
Go to advanced search...

Supreme court cases - Essay Example

Cite this document
Summary
Supreme Court cases: Roe and Wade The judiciary presides over disputes in order to maintain law and order through implementation of law in a jurisdiction. The constitution is the primary and supreme source of law and therefore overrides other sources of law…
Download full paper File format: .doc, available for editing
GRAB THE BEST PAPER96.7% of users find it useful
Supreme court cases
Read Text Preview

Extract of sample "Supreme court cases"

Download file to see previous pages

Dissent opinions among the judges suggest potential existence of flaws and that the judgment could be wrong. This paper reviews the Supreme Court decision on the case of Roe v. Wade with the opinion that the court erred in its decision. The case involved decision on legality of abortion based Texas laws that prohibited abortion. The court ruled against state law and explained that a woman has a right to abortion. The Supreme Court further stated that this right was constitutional, derived from two amendments of the United States’ constitution.

“The Ninth and Fourteenth Amendments,” the court explained, provide for the right to “personal privacy,” and grants a woman the sole right to make decisions on reproductive issues (United States Confederation of Catholic Bishops 1). The court further explained that the fetus lacks personality and therefore does not have a right to life, an argument to the effect that abortion does not amount to any element of murder. The court however established a strategy for determining the rights of a woman and rights of the state regarding abortion in which the state has no right over abortion in the first three months of pregnancy.

The decision granted the state limited right to protecting the mother’s rights in the second trimester and right in the fetus’ life in the last three months of pregnancy (Gerber 181). . Interpreting the Tenth amendment together with the Ninth amendment grants states the power to make laws on abortion. The Ninth amendment is clear that recognized rights in the constitution shall not be interpreted to impair another right but the Texas law on abortion was not specifically based on a right. Even though the law prohibited abortion unless the mother’s life was in danger, secondary rights such as rights of the fetus were not primary to the law.

This means that the Ninth amendment that limits interpretations of some rights to disadvantage others should have not been applied against the abortion law and abortion laws, having not been provided for by the constitution, should fall within jurisdiction of states (Rechtschaffen and Markell 41). Provisions of the Fourteenth amendment also appear ambiguous to have warranted the Supreme Court’s decision to legalized abortion. While the amendment provides that states should not enact laws that infringe people’s rights, the amendment fails to recognize limits of people’s rights and unless interpreted will other laws, is repugnant to natural justice and other people’s rights.

If, for example, that a person’s right is a threat to other people then care must be taken to limit such a right. While this argument does not rely on possible rights of the fetus, it notes that independent reliance on the Fourteenth amendment’s provision for supremacy of constitutional rights was not the right basis. The Texas abortion law would fall under cases of misused Fourteenth amendment rights towards injustice (Miller and Jentz 9). The court’s decision is also contradictory because it reprimanded the Texas’ abortion law for infringing women’s rights but at

...Download file to see next pages Read More
Cite this document
  • APA
  • MLA
  • CHICAGO
(“Supreme court cases Essay Example | Topics and Well Written Essays - 750 words”, n.d.)
Retrieved from https://studentshare.org/history/1488675-supreme-court-cases
(Supreme Court Cases Essay Example | Topics and Well Written Essays - 750 Words)
https://studentshare.org/history/1488675-supreme-court-cases.
“Supreme Court Cases Essay Example | Topics and Well Written Essays - 750 Words”, n.d. https://studentshare.org/history/1488675-supreme-court-cases.
  • Cited: 1 times

CHECK THESE SAMPLES OF Supreme court cases

Exclusionary Rule by the Supreme Court

Fourth Amendment Exclusionary Rule Name: Course: Presented to: Date: Fourth Amendment Exclusionary Rule The Fourth Amendment Exclusionary Rule requires evidence obtained as a result of official lawlessness to be excluded from any case in supreme court.... hellip; In other words, the supreme court through the Exclusionary rule aimed at excluding any type of evidence obtained through official lawlessness; the American derivation of the Exclusionary rule is considered unique as a result of its deterrence rationale, as well as a mandatory nature in which it applies....
4 Pages (1000 words) Case Study

Misdemeanors and The Courts

He tried to file a claim with the State supreme court of California but he was denied.... Most cases that make it to that level involve more criminal offenses such as assaults, abuse, misuse of firearms, etcFamily disputes such as divorce, custody, and handling of estate issues are also more along the lines of a State supreme court case.... supreme court which is the highest court in the land.... supreme court each year and less than 5% of those make it to court....
2 Pages (500 words) Case Study

The Racketeer Influenced and Corrupt Organization Statute of 1970

Additionally, it will analyze the expansion of RICO due to the supreme court cases.... On the other hand, there are a variety of RICO civil and criminal cases that have appealed for the reason that the statutes are conflicting with the fundamental constitutional protections.... Most of the cases are focused on the First Amendment protections of speech and assembly plus the Sixth Amendment which concerns about the access to double threat and legal counsel....
5 Pages (1250 words) Case Study

Can the President Persuade The Supreme Court to Support His Policy Positions

This paper 'Can the President Persuade The supreme court to Support His Policy Positions?... Government lawyers, and principally the Solicitor General of the USA, are unavoidably caught up in the conflicts produced by the President's tentative association with the supreme court.... The thorny relationship between the President and the supreme court concerning the development of constitutional law has different consequences for different individuals who happen to be government lawyers at any given point in time....
9 Pages (2250 words) Case Study

Fundamental Human Rights

Hence, there is a strong need to analyze the functioning style and efficiency of the judiciary in cases involving freedom of right, freedom of speech and freedom of religion.... The role of the European court of Justice, Supreme Courts of Canada and the USA are prominent in this context....
10 Pages (2500 words) Case Study

Crimsons Motion for Judgment

hellip; The author states that the facts and circumstances of the case appear to satisfy the Ohio supreme court's parameters that “occupying” should not be given an unduly narrow definition and must satisfy the four-part test to determine vehicle occupancy, namely: (a) causal connection with the vehicle; (b) geographic proximity to the vehicle....
19 Pages (4750 words) Case Study

Payton vs New York Case

In the cases, New York trial Judge held that the evidence seized upon these entries could not be suppressed, while the honored judge held that the New York Statutes authorized these entries without warrants.... However, the New York Court of Appeals treated both these as cases of routine arrests that allowed ample time to obtain an arrest warrant.... Comparing the cases with that of Watson, there are no statute references to indicate the determination of the congress for terming the warrant-less entry as “reasonable”....
7 Pages (1750 words) Case Study

The Supreme Court - Standing and the Impact of Massachusetts v Environmental Protection Agency

The study "The supreme court - Standing and the Impact of Massachusetts v Environmental Protection Agency" discusses the reasons for the supreme court's decision in the Massachusetts case to dilute the standards for standing, the role of the new approach in the supreme court, etc.... hellip; This conclusion established that the government of Massachusetts, representing the entire population of the state, had demonstrated, “injury, causality and redressability” and, therefore, was entitled to standing in this appeal before the supreme court....
7 Pages (1750 words) Case Study
sponsored ads
We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.
Contact Us