POLI 425 Lecture Notes - Lecture 3: Political Family, Planned Parenthood, Antonin Scalia
Document Summary
Roe vs. wade: highest profile decision the court has made since brown vs. board. Every january there is a protest march in washington against that decision. Politicians have run in part on the issue of roe vs. Legislatures try to find ways to undermine itit remains controversial. If the sc overruled roe vs. wade, it would be reverted back to the states, and they would decide on a state-by-state basis. Furthermore there"s an implicit assumption in the decision as to when life begins. If you regard a foetus as alive as a person - it would be granted the same rights => on what basis could you deprive the foetus of life. => invited states to enact new statutes that would provide some regulation. This was inventive from the courts, b/c they were adding in a dimension that has no legal founding: the court made a lot of arbitrary decisions and this is why it is divisive.