"The plurality, ignoring all of the aforementioned cases except Griswold, responds that this case does not require consideration of the "great issues" underlying this case because Griswold, "unlike Roe, did not purport to adopt a whole framework . . . to govern the cases in which the asserted liberty interest would apply." Ante at 492 U. S. 520. This distinction is highly ironic. The Court in Roe adopted the framework of which the plurality complains as a mechanism necessary to give effect both to the constitutional rights of the pregnant woman and to the State's significant interests in maternal health and potential life. Concededly, Griswold does not adopt a framework for determining the permissible scope of state regulation of contraception. The reason is simple: in Griswold (and Eisenstadt), the Court held that the challenged statute, regulating the use of medically safe contraception, did not properly serve any significant state interest. Accordingly, the Court had no occasion to fashion a framework to accommodate a State's interests in regulating contraception. Surely the plurality is not suggesting that it would find Roe unobjectionable if the Court had forgone the framework and, as in the contraception decisions, had left the State with little or no regulatory authority. The plurality's focus on the framework is merely an excuse for avoiding the real issues embedded in this case, and a mask for its hostility to the constitutional rights that Roe recognized."
Quote Details
Added by wikiquote-import-bot
Unverified quote
0 likes
Original Language: English
Available Languages (1)
Sources
JUSTICE BLACKMUN, with whom JUSTICE BRENNAN and JUSTICE MARSHALL join Footnote 2/8
https://en.wikiquote.org/wiki/Roe_v._Wade
Revision History
No revisions have been submitted for this quote.
Categories
Roe v. Wade
Roe v. Wade, 410 U.S. 113 (1973), was a landmark decision of the U.S. Supreme Court in which the Court ruled that the
1424 quotes on TrueQuotesView all quotes by Roe v. Wade →
Related Quotes
"Harry Blackmun questioned Weddington again on the issue of fetal personhood, as did Potter Stewart. They wanted her t…"
"In 1938, seven Justices heard a constitutional challenge to a federal ban on shipping adulterated milk in interstate …"
"The Court has simultaneously transformed judicially created rights like the right to abortion into preferred constitu…"
"Beyond these paltry authorities, the Court adds only the argument that we should not “encourage a kitchen-sink approa…"
"JUSTICE BREYER, with whom JUSTICE SOTOMAYOR and JUSTICE KAGAN join, dissenting. The procedural posture of this case l…"
"JUSTICE SOTOMAYOR, with whom JUSTICE BREYER and JUSTICE KAGAN join, dissenting. The Court’s order is stunning. Presen…"
"By the time that Michael Taylor sent out his communiqué, pro-life lawyers had been preparing legal arguments in Roe a…"
"Lawyers for the states of both Georgia and Texas argued that abortion restrictions were appropriate because the state…"
"Pro-life lawyers had complained before about the poor quality of state attorney’s attempts to defend restrictive abor…"
"Ellen McCormack’s Long Island-based organization, Women for the Unborn, which now had 2,000 members, submitted a brie…"