Topic > An Analysis of the Legality of Abortion - 2089

An Analysis of the Legality of Abortion In Abortion and Social Justice, Dennis Horan, JD et al argue "The Legal Case for the Unborn Child": The abortion is not a private matter. The destruction of human life, even that which is “incipient” or developing in the womb, can never be considered a private matter under our law. The claim that this is a private matter would be too ridiculous and absurd to even maintain if it were not so often made under such intellectually impeccable auspices. Would those civil libertarians who maintain that abortion is a private matter argue that the exercise of civil rights is purely a private matter between the black man and the man who stands in their way? Certainly not. Just as the civil right to vote must be protected by law, so too the most fundamental and basic of all civil rights - the right to life - must be protected by law.(105) In his book, Abortion and Dialogue: Pro- Choice, Pro-Life and American Law, Ruth Colker explains why Roe v. Wade is considered an "activist" decision: Second, [Roe v. Wade] sets the tone for how the Court would be activist in our lives. Rather than simply ruling in favor of the plaintiff in Roe v. Wade, thus invalidating the contested Texas abortion law, the Court outlined the parameters of a constitutional abortion law. In other words, the Court drafted a model statute rather than simply striking down the Texas statute. Such involvement of the judiciary in legislative activity is considered highly activist because the Court, in a sense, is supplanting the role of the legislator in society. Such activism is often criticized as interfering with legislative dialogue, because the judiciary, an undemocratic institution, has substituted its own judgment for legislative judgment. (102) Former President Ronald Reagan in his book Abortion and the Conscience of the Nation states how the Roe v. Wade is a violation of the Constitution: Make no mistake, abortion on demand is not a right granted by the Constitution. Constitution. No serious scholar, including one willing to agree with the Court's finding, has argued that the framers of the Constitution intended to create such a right. Shortly after the Roe v. Wade Professor John Hart Ely, now dean of Stanford Law School, wrote that the opinion "is not constitutional law and gives almost no sense of obligation to try to be." Nowhere do the clear words of the Constitution even hint at a “right” so broad as to permit abortion up until the moment the child is ready to be born.