Friday, November 18, 2005

Criticism For Roe Decision From Pro-Aborts

(Hat tip: ProLifeBlogs.com)

Timothy P. Carney provides an excellent rundown on criticisms of Roe v. Wade by those who otherwise favor abortion. Here's a sample:
Laurence Tribe — Harvard Law School.
Lawyer for Al Gore in 2000.

“One of the most curious things about Roe is that, behind its own verbal smokescreen, the substantive judgment on which it rests is nowhere to be found.”


“The Supreme Court, 1972 Term—Foreword: Toward a Model of Roles in the Due Process of Life and Law,” 87 Harvard Law Review 1, 7 (1973).


Ruth Bader Ginsburg — Associate Justice of the U.S. Supreme Court

Roe, I believe, would have been more acceptable as a judicial decision if it had not gone beyond a ruling on the extreme statute before the court. … Heavy-handed judicial intervention was difficult to justify and appears to have provoked, not resolved, conflict.”

North Carolina Law Review, 1985


Edward Lazarus — Former clerk to Harry Blackmun.

“As a matter of constitutional interpretation and judicial method, Roe borders on the indefensible. I say this as someone utterly committed to the right to choose, as someone who believes such a right has grounding elsewhere in the Constitution instead of where Roe placed it, and as someone who loved Roe’s author like a grandfather.”
….

“What, exactly, is the problem with Roe? The problem, I believe, is that it has little connection to the Constitutional right it purportedly interpreted. A constitutional right to privacy broad enough to include abortion has no meaningful foundation in constitutional text, history, or precedent - at least, it does not if those sources are fairly described and reasonably faithfully followed.”


The Lingering Problems with Roe v. Wade, and Why the Recent Senate Hearings on Michael McConnell’s Nomination Only Underlined Them,” FindLaw Legal Commentary, Oct. 3, 2002

“[A]s a matter of constitutional interpretation, even most liberal jurisprudes — if you administer truth serum — will tell you it is basically indefensible.”

Liberals, Don’t Make Her an Icon” Washington Post July 10, 2003.

2 Comments:

At 11/18/2005 3:39 PM, Anonymous Anonymous said...

If you haven't read the Roe V. Wade transcripts, you definitely should. Also the Texas case that it used is also a good one.
I read R. V. W and wondered why they didn't send Robert Flowers packing and then report him to the BA.

 
At 11/18/2005 4:24 PM, Blogger PB said...

Well said Jay

 

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