FYS 043 Lecture Notes - Lecture 12: William Rehnquist, Warren E. Burger, Harry Blackmun
12 Dec 2017
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Powell (burger, stewart, white, rehnquist, stevens)- majority. 14th amendment equal protection clause: no state shall deny the equal protection of laws. Three members of roe majority were replaced by ronald reagan (republican with pro life agenda), his appointments. Chief justice burger replaced by rehnquist, and scalia appointed to seat vacated by. *roe v wade was a 7-3 decision and 3 were replaced* Scalia, o"connor- concurring in part and concurring in judgment only. Blackmun, (brennan, marshall), stevens- concurring in part and dissenting in part. *don"t rely in this case as legal precedent* Government can favor childbirth over abortion and make it unlawful for public employees to perform abortions. Roe"s trimester framework sets an arbitrary standard because the fetus can be viable before the third trimester. State has an interest in protecting the potential life of the unborn prior to viability- very different than roe v. wade. Roe is narrowed and modified but does not overturn it.
