Ginsburg believed this case, which did not end up being heard by the Supreme Court, would have focused the crux of abortion rights on the matter of equal protection under the law rather than the right to privacy. Secretary of Defense, which involved a captain who sued the Air Force after she was told to abort her pregnancy to keep her job or leave if she insisted on continuing the pregnancy. As TIME reported, she eyed the case Struck v. She suggested it would have been better to take up a case that emphasized a woman's right to choose. "A less encompassing Roe, one that merely struck down the extreme Texas law and went no further on that day, I believe and will summarize why, might have served to reduce rather than to fuel controversy," Ginsburg said in the NYU Law lecture. And for the past 30 years, Casey has done the same." In the leaked opinion, Alito again cited Ginsburg (on page 64), where he argued that Roe "'inflamed' a national issue that has remained bitterly divisive for the past half-century. She added that the Roe decision "coupled with the rights of the pregnant woman the free exercise of her physician's medical judgment," instead of focusing on "the idea of the woman in control of her destiny and her place in society." " Roe, on the other hand, halted a political process that was moving in a reform direction and thereby, I believe, prolonged divisiveness and deferred stable settlement of the issue," Ginsburg said. In a lecture published in the 1992 issue of the New York University Law Review, Ginsburg argued that in the 1970s, amid a wave of cases on gender issues, the Supreme Court "approved the direction of change through a temperate brand of decisionmaking, one that was not extravagant or divisive." " Roe.halted a political process that was moving in a reform direction and thereby, I believed, prolonged divisiveness and deferred stable settlement of the issue," Alito quoted Ginsburg on the third page of his 98-page opinion. Account icon An icon in the shape of a person's head and shoulders.
0 Comments
Leave a Reply. |