Justification used by court to reach decision on Roe v. Wade?

What were the justifications used by the Supreme Court to reach its decision on Roe v. Wade??

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  • Anonymous
    1 decade ago
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    The court opined that the fundamental case didn't satisfy the strict scrutiny standard, a standard which pits government laws against Constitutional rights. In order for a law to hold up against this standard it must meet three conditions:

    1 There must be a compelling government interest

    2. It must be narrowly tailored

    3. It must employ the least restrictive means

    Planned Parenthood v. Casey, Stenberg v. Carhart, and Gonzales v. Carhart all functioned better in this capacity.

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  • Anonymous
    1 decade ago

    The core of the Roe v. Wade was that the matter of abortion was a private matter and the state's interference with women and abortion was disproportionate and a violation of due process. The court also ruled that abortion was a fundamental right and is subject to the highest scrutiny when determining laws that would restrict it.

    The court also said that the state may restrict it once the fetus has passed "viability."

    A good chunk of it was overruled in Planned Parenthood v. Casey anyway (privacy and right to abortion intact however) ...you should look it up.

    Source(s): Studying law someday
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  • Anonymous
    1 decade ago

    They relied on the "penumbra of rights" and discovered a right to privacy in the Constitution undetected by two centuries worth of Supreme Court justices.

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  • 1 decade ago

    "Emanations" of the "penumbra" of the rights surrounding the 4th Amendment. They created a virtual right to privacy, long understood but never quantified, to include legalized abortions on demand.

    Sorriest piece of judicial legislation known to the US.

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  • Anonymous
    1 decade ago

    To kill innocent babies!

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