Bioethics Final 2024 (100% accurate answers)
Roe v. Wade and Justice White's dissent (1973)correct answers casuistic response (legal parameters doesn't exhaust factors, parameters thought about in legal basis); many people feel strongly about the case, but don't actually read it -7 to 2 decision -strikes down any categorical abortion restriction laws passed by states -women have a right to decide for themselves in the first trimester: state laws restricting this overturned; majority of US states; why weighty decision -based on protection of personal privacy: privacy is a right and can be extended to privacy of one's body and privacy -privacy not mentioned in Constitution, but cites 1st, 4th, 5th, 9th, and 14th amendments as derivations for personal right to privacy especially 14th amendment and includes at least early pregnancy and women's right to privacy in how they interact with their body -right of privacy is not absolute: must be balanced with the interest of the state in both protecting women's health and in potential human life -not governed in every case -not absolute assertion that no one wants to do this but legitimate state interest in women's health and potential of human life -all state laws regarding abortion subject to "strict scrutiny" standard of judicial review: allows first trimester (states can't say anything about this); in later trimesters, state could sufficiently overriding interest of state: strict scrutiny to protect right of privacy -unborn not counted as persons according to the 14th amendment: heavy theory on rights theory -wide medical, philosophical, theological divergence on when life begins (as a result, court should remain agnostic about this) -concerning rights, the unborn have never been recognized as persons in the whole sense (historical rights) -state has important and legitimate interest in preserving health of pregnant woman -another important interest in protecting potentiality of Justice White's original dissentcorrect answers -Constitutional basis for privacy/extension here is highly ambiguous -with no precedent matter should be decided by the States through the democratic and legislative process -even in the first trimester should this decision truly be absolute and for any reason whatsoever?: need to know the reason -criticized decision
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- Bioethics
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- Bioethics
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- Subido en
- 12 de marzo de 2024
- Número de páginas
- 36
- Escrito en
- 2023/2024
- Tipo
- Examen
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- Preguntas y respuestas
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-
roe v wade and justice whites dissent 1973
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