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Category > Business & Finance Posted 31 Jul 2017 My Price 6.00

draft arguments that Roe v. Wade is not settled law under the concept of stare decisis.

1. Read this http://www.oyez.org/cases/1970-1979/1971/1971_70_18/

draft arguments that Roe v. Wade is not settled law under the concept of stare decisis.

At least 150 words and cited.

 

2. Draft arguments in opposition to your opponent's arguments.

Stare decisis, or the doctrine of precedent is when an issue has been previously brought to the court and a ruling already issued (Staff, 2007).  In the matter of Roe v. Wade, the ruling from the Supreme Court was that the case was justified by the right to privacy implied by the ninth and fourteenth amendments and that no state could restrict abortions during the first three months, or trimester, of a pregnancy (Roe v. Wade and Its Impact, n.d.)  Since the initial ruling, it has been brought back up again, as an example in 2009 when Judge Sotomayor reaffirmed that the foundation of the 1973 Roe v. Wade abortion rights decision was “the precedent of the court, so it is settled law.” (Savage, 2014). In my opinion, as per the definition of the term stare decisis, the Roe v. Wade ruling is settled law as it has been upheld multiple times by separate justices.  The matter of cases similar to Roe v. Wade will continue to be issues due to the sensitive nature of the issue, but in the end, it is settled law and will continue to be upheld as so.

 

3.Draft arguments in opposition to your opponent's arguments.

I consider that this case was not pursued under the legal concept of stare decisis because the judges take into account the precedents, which base their decisions on the events occurred and tried before, in order to maintain the continuity of the law; But in the case Roe vr. Wade the supreme court ruled that a restriction on abortion is a violation of the right of privacy defined on the first, fourth, fifth and the Fourteenth Amendment; In this way I think that although this based on precedenrts can not be taken within the concept the stare decisis, because there are multiple ways to approach the concept of privacy; Besides the fact that it does not follow the legal guidelines that are determined by common law that had always been against abortion, in general it seems to me that the case Roe vr. Wade is more in accordance with a legislative decision that tried to stop the conflicts related to abortion and that the judicial actions could not contain; Being this a case where it is considered that stare decisis is the basic approach that the judges give to the law to preserve the integrity of the society and the individual, which is refutable from the ethical point of view in this case and its precendent Could be changed. 1.Retrieved from: http://www.pbs.org/wnet/supremecourt/rights/landmark_roe.htmlr she might choose 2.roe v. wade, 410 U.S. 113, 93 S. Ct. 705, 35 L. Ed. 2d 147, the 1973 3.Retrieved from: http://legal-dictionary.thefreedictionary.com/stare+decisis

 

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Status NEW Posted 31 Jul 2017 02:07 PM My Price 6.00

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