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- Path: sparky!uunet!haven.umd.edu!darwin.sura.net!gatech!news.ans.net!cmcl2!rnd!smezias
- From: smezias@rnd.GBA.NYU.EDU (Stephen J. Mezias)
- Newsgroups: talk.abortion
- Subject: Re: Blackmun calls the Roe v. Wade dividing line "arbitrary"
- Message-ID: <34624@rnd.GBA.NYU.EDU>
- Date: 24 Dec 92 13:40:22 GMT
- References: <1992Dec24.014033.13747@ncsu.edu>
- Organization: NYU Stern School of Business
- Lines: 41
-
- In article <1992Dec24.014033.13747@ncsu.edu>
- dsholtsi@csl36h.csl.ncsu.edu (Doug Holtsinger) writes:
-
- >Here's a portion of a fascinating article on the makings
- >of the Supreme Court decision, Roe v. Wade. The article
- >reveals that Justice Blackmun, who is the principle
- >architect behind Roe, wrote in a private memo that any
- >dividing line is ``equally arbitrary''. Justice Stewart,
- >who joined Blackmun in the majority opinion, criticized
- >parts of the decision as being ``legislative''.
-
- All rights are socially constructed. Well-established socially
- constructed principles may seem like part of the order of the
- universe, e.g., traditional mothering roles for women. However, the
- seeming permanence of such perceptions of objectivity should not belie
- the inherent exercise of social power by one group, state actors, over
- another group, citizens. Generally, we do not give state actors the
- power to restrict medical procedures for reasons other than the public
- health. In particular, there is no precedent for a government
- intervention that forces one group of citizens to sacrifice their
- bodies to support other *citizens*. Forced pregnancy laws go beyond
- this: They would legally compel one group of citizens to use their
- bodies to support *potential citizens*.
-
- Also generally, I believe that state actions that restrict individual
- liberty should be held to strict standards of justification. I
- believe this is doubly true for actions that would impose costs
- disproportionately on traditionally disenfranchised groups. With
- specific respect to abortion, I would add that the right of women to
- protection from the public health risk of illegal abortions and forced
- pregnancy far outweighs any right to state protection for the
- *potential citizens*. State resources are scarce, and I find it
- impossible to justify using them to force one citizen to donate bodily
- resources to save another citizen. The fact that the affected
- citizens would be uniquely women also raises concerns regarding equal
- protection under the law. In addition, absent a precedent for such
- restrictions on citizens for the sake of other *citizens*, I find it
- hard to advocate policies to `save' *potential* citizens with the
- bodily servitude of citizens.
-
- SJM
-