Roe v Wade was decided in 1973. The Supreme Court at that time determined that a woman had a right to choose. One of the “underpinning” issues of Roe is a right to privacy. The right to privacy is addressed in the 1st, 4th, 5th, 9th, 13th and 14th Amendments.
The Supreme Court has reaffirmed Roe v Wade 38 times (1). In 1992, Casey v Planned Parenthood,14 F.3d 848, the Court ruled 5-4 to uphold the core of Roe v. Wade, the right to privacy. In this case, the Supreme Court stated, “the ability of women to participate equally in economics and social life of the Nation has been facilitated by their ability to control their reproductive lives and that this ability to control their reproductive lives was enough of a reliance to sustain Roe.”(2). This conclusion by the court specifically affirmed the doctrine stare decisis as it applies to Roe v Wade.(3)
In my opinion the original ruling in 1973, 38 reaffirmations, the 1992 affirmation of Roe v. Wade doctrine of Stare Decisis , the rights to privacy as indicated above, along with the fact that this law has become a law that has come "to be relied on"(4), makes it obvious that this is "settled law". However, Judge Alito’s refusal to commit to one side or the other, has enabled him to avoid hanging himself with either the pro-life or the pro-choice side. In my opinion, Judge Alito is not correct in his refusal to acknowledge Roe v Wade as settled law.
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Here is a site that you may find helpful in drafting well-reasoned comments: http://www.lawnerds.com/guide/irac.html
What is a "non-compete covenant" and when are they enforceable?
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