The Supreme Court of the U.S decided the cases in which constitutionality of several regulations that regard abortion were effectively challenged. The plurality opinion of the court upheld the rights of the constitution to perform an abortion but lowered the analyzing restrictions standard of that right, upholding the others but invalidating regulation.
Both cases have constitutional basis that refer specifically and not exclusively to the Process clause due of the 14th Amendment. The cases challenge abortion of the time that held restriction of act the cases that would endanger the life of a mother. The clause read that no state would deprive any individual of life, property or liberty, without due law process (Wood, 1980). The history of language came into practice with liberty and privacy. Liberty to everyone was behind positive enjoyment of different social, economic and political privileges and rights. On the other hand, privacy represented freedom that resulted from unauthorized intrusion.
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The topic of debate that has existed till today arises due to the fact that the U.S continuations do not speak to right of privacy expressly. It does not exist and therefore the Supreme Court cannot establish it. The fact that no one is supposed to be totally free with the government regulation especially if the state introduces a legitimate compelling awareness for its actions.
The powers enumerated in the U.S. Constitution have initiated continuing controversy. The rights of women advocates have reached a landmark victory over the years. The critics that exist in it can be roughly observed into two groups. That is, those who have been opposing the decision due to their believe that abortion is murder as well as those who chose to believe that the Court substituted its policy preference improperly for the will of the different individuals as expressed through the people’s elected representatives in the governments states (Michael,1992).
In conclusion, these cases ensure positive enjoyment of political, social and economic privileges and rights. As privacy has been found on numerous times by the Supreme Court to stand for a right, and the anti-abortion clause infringe on this right, such kind of laws violate the due process clause.
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