Syllabus Roe v Wade Overturn Decision 6/24/2022

Syllabus Roe Decision

I read it so that you don’t have to, but be my guest if you feel masochistic.

I’m not a lawyer, and this is based on 1 Con Law class and 1 Business Law class, but here is my breakdown and understanding of today’s decision.

Since all prior cases decided on Stare Decisis (already decided and established law), to overturn you must show was decided wrong

  1. On the constitution-

The original decision was based in 1st, 4th. 5th, 8th, and 14th amendments.

They chose to argue only the 14th amendment ignoring freedom of speech, religion, freedom to be secure in one’s person and effects, and the freedom from cruel and unusual punishment.

 They focused on the 14th equal protection under the law, which they decided did not apply as “the state’s regulation of abortion is not a sex-based classification.” IE that abortion applies equally to men and women.

They ignored the other amendments entirely and went on to the next category.

  • On the nation’s historical precedent-
    • Using 17th and 18th-century state laws to prove that a woman didn’t have a right to abortion. They decided that the definition or nature of liberty should be decided by the elected officials.
    • The argument that it was “intimate and personal choices central to personal dignity and autonomy” was ignored in favor of the 14th amendment (which they said didn’t apply because abortion was not sex-based.)
  • The workability argument was about how the decision would affect society: they ignored the argument that it would impose an undue burden.
  • Effect on other laws:  wouldn’t have any effects on other laws. Clarence Thomas already plans to use it to upend several other laws.

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