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How the Supreme Court Decides Cases

In his book Decision, Bernard Schwartz, the Chapman Distinguished Professor of Law at the University of Tulsa, writes about how the justices of the United States Supreme Court decide cases making reference to specific cases and the arguments offered in those deliberations, and in so doing he also analyzes the behavior and ideas of several Associate Justices from Felix Frankfurter to Sandra Day O'Connor.

He first examines the decisions in Roe v. Wade and Webster v. Reproductive Health Services and shows the tension between Justice Blackmun and Chief Justice William H. Rehnquist over the issue of abortion. One of the most divisive issues in American politics today is abortion, with strong feelings on both sides and with two unyielding perspectives in direct conflict. The pro-life perspective sees human life as beginning at conception, and therefore any abortion for any reason is considered murder. The pro-choice movement sees the issue as being the right of the woman to control her own body, and for this movement abortion is to be provided on demand, with no governmental controls on the matter at all. While there are some pro-life people who make allowances for abortion under some circumstances, such as when the life of the mother is endangered or in the case of rape or incest, the core of the movement holds abortion as wrong under any circumstances. For millions of people in the middle, abortion is allowable under some circumstances, but some controls are also to be allowed. The supreme Court decided the issue in 1972 in the case of Roe v. Wade, a complicated decision with 7 votes affirming that there was a constitutional protection for women seeking an abortion and 2 votes against. There were more than two views of the issues involved and the meaning of the final decision, however.

A suit was brought by state-employed health care professionals and facilities offering abortion counseling and services seeking declaration...

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How the Supreme Court Decides Cases. (1969, December 31). In LotsofEssays.com. Retrieved 08:47, March 29, 2024, from https://www.lotsofessays.com/viewpaper/1681611.html