Whatever they were "trying" to do or not do, Roe is unmitigated sophistry. Say what you will about Dred Scott v. Sanford, at least it had an ethos.Martin Hash wrote:That's 2 lawyers. I don't actually know what Fife would say? Fife, what's up?de officiis wrote:I think what the Roe Court was trying to do was balance the woman's liberty interest in controlling her own body with the states' interest in protecting human life. So it's not all one or the other.
Dred Scott has a logical basis in the text of the Constitution, and is the doorway to the Second American Revolution, against the tortuous compromises of the summer of '87.
Roe, on the other hand, is pure judicial hogwash, and has been considered highly suspect, especially in Casey.
It sucks, bigly.
Here's a decent piece that scrapes the surface of that boil, and comes up with a reasonable start of 10 shitty aspects of Roe: Ten Legal Reasons To Reject Roe
1. The Court's decision in Roe v. Wade exceeded its constitutional authority.
2. The Court misrepresents the history of abortion practice and attitudes toward abortion.
3. The majority opinion in Roe wrongly characterizes the common law of England regarding the status of abortion.
4. The Court distorts the purpose and legal weight of state criminal abortion statutes.
5. A privacy right to decide to have an abortion has no foundation in the text or history of the Constitution.
6. Although it reads the 14th Amendment extremely expansively to include a right of privacy to decide whether to abort a child, the Court in Roe adopts a very narrow construction of the meaning of "persons" to exclude unborn children.
7. The Roe Court assumed the role of a legislature in establishing the trimester framework.
8. What Roe gives, Doe takes away.
9. The Court describes the right to abortion as "fundamental."
10. Despite the rigid specificity of the trimester framework, the opinion gives little guidance to states concerning the permissible scope of abortion regulation.
That's a start, anyway.