This is an old revision of this page, as edited by 67.1.72.58 (talk) at 18:59, 18 October 2003 (Blackmun and Roe v. Wade). The present address (URL) is a permanent link to this revision, which may differ significantly from the current revision.
Revision as of 18:59, 18 October 2003 by 67.1.72.58 (talk) (Blackmun and Roe v. Wade)(diff) ← Previous revision | Latest revision (diff) | Newer revision → (diff)Justice Harry Blackmun legislated the right of abortion by interpreting the constitution from a liberally biased standpoint in the case Roe v. Wade. For legalization thereof, Blackmun had to define life in facilitating terms to concur with the fourteenth amendment's due process clause.
According to the tenth amendment of the Constitution, any powers not enumerated within are reserved for the States. Enumerated rights include speech, press, religion, and arms ownership. Abortion is not a listed right, nor is it inferred. The right to allow, limit, or prohibit abortion is a power that was intended to be determined by individual States and was so prior to the Roe decision.
Although the Supreme Court's purpose is to interpret the Constitution and adjudicate accordingly, Blackmun purported that the legislation of the abortion right was a major step towards women's equality in the United States subsequent to the Roe v. Wade decision. By touting the political implications his decision had on society, Blackmun admittedly jeopardized his judicial objectivity for a political cause in the case.