This week, our discussion will focus on the concept of stare decisis (pages 7-11 in your textbook), and the landmark decision of Roe v. Wade.
The key to this discussion is stare decisis, not abortion! Therefore, please leave personal attacks, religion, and politics out. This case was selected in order to focus your attention on legal reasoning, despite your personal beliefs. In the realm of law and ethics, you will be expected to address controversial issues. This assignment will help you rely upon facts, data, and legal precedent, instead of personal convictions. Therefore, any posts that fail to address stare decisis as the main issue will be deleted.
Follow these guidelines……….
If your last name starts with the letters L – Z, draft arguments that Roe v. Wade is not settled law under the concept of stare decisis. Minimum of 150 words, APA Format
If you are not familiar with the details of Roe v. Wade, you can read about it at:
- This website has the U.S. Supreme Court opinion, audio transcripts of the oral arguments, and summary of Justice opinions.
This is the CRITERIA that your posts will be graded on:
- The depth of understanding you display
- The accuracy of your cites (citations are mandatory)
- Your writing skills (grammar / spelling)
- Proper word count (150 words )
- The quality of your interaction with other students in the discussion
Here is an example of a post that meets criteria:
Roe v Wade was decided in 1973. The Supreme Court at that time determined that a woman had a right to choose. One of the “underpinning” issues of Roe is a right to privacy. The right to privacy is addressed in the 1st, 4th, 5th, 9th, 13th and 14th Amendments.
The Supreme Court has reaffirmed Roe v Wade 38 times (1). In 1992, Casey v Planned Parenthood,14 F.3d 848, the Court ruled 5-4 to uphold the core of Roe v. Wade, the right to privacy. In this case, the Supreme Court stated, “the ability of women to participate equally in economics and social life of the Nation has been facilitated by their ability to control their reproductive lives and that this ability to control their reproductive lives was enough of a reliance to sustain Roe.”(2). This conclusion by the court specifically affirmed the doctrine stare decisis as it applies to Roe v Wade.(3)
In my opinion the original ruling in 1973, 38 reaffirmations, the 1992 affirmation of Roe v. Wade doctrine of Stare Decisis , the rights to privacy as indicated above, along with the fact that this law has become a law that has come “to be relied on”(4), makes it obvious that this is “settled law”. However, Judge Alito’s refusal to commit to one side or the other, has enabled him to avoid hanging himself with either the pro-life or the pro-choice side. In my opinion, Judge Alito is not correct in his refusal to acknowledge Roe v Wade as settled law.
1.) & 4.)Greater New Milford (Ct) Area Healthy Community 2000,Task Force on Teen and Adolescent Issues. (n.d.) Who has time for a family meal? You do! Retrieved from http://www.familymealtime.org.
Word Count: 204