Posts tagged Roe v. Wade
Precedent Unraveling: How the Landmark Roe v. Wade Decision Could be No More

Although controversial, returning the right to the states will return the right to the elected legislature; this is where it should be. This is because the 10th Amendment provides states with the right to create laws that are not specifically granted to the federal government nor specifically prohibited from states in the Constitution. Abortion is not mentioned in the Constitution nor is anything regarding pregnancy. Therefore, because it is not a right listed as a responsibility of the federal government, the right then becomes part of the state’s authority. “Furthermore, Roe essentially circumvented the legislature to legalize abortion. We were all taught in civics class that the judiciary interprets laws, it does not create them, that responsibility lies with the legislature. States will be able to choose their abortion policies which will be created by elected officials, not judges. However, a post-Roe world will be interesting considering multiple polls before the 2020 election reported that between 61% and 69% of Americans supported Roe and between 24% and 28% want it to be overturned.”

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