Research Paper on "Supreme Court in Many Respects, the Justice"
Research Paper 3 pages (1125 words) Sources: 3
[EXCERPT] . . . .
Supreme CourtIn many respects, the justice behind the Supreme Court decisions is nearly as important as the decisions themselves. It is said that no one knows how a justice will act once joining this illustrious 12-panel legislative body, and that has been true time and time again. When Justice Stevens, who just announced his retirement after 34 years, was first nominated, the liberals were concerned about his previous conservative decisions. In fact, Stevens not only became a centrist, but someone who carefully reviewed both sides of an issue before making his final decision. As the New York Times (2010) said, Justice Stevens "may be the last justice from a time when ability and independence, rather than perceived ideology, were viewed as the crucial qualifications for a seat on the court." Stevens authored over 400 majority opinions on nearly every issue thinkable, such as immigration, abortion, death penalty, school prayer, campaign finance, and term limits. One of the most noteworthy decisions, which continued the impact of an earlier decision, was his distinct ruling and arbitration actions in the review of Roe v Wade in 1992 with Planned Parenthood V Casey.
In the original highly controversial Roe v Wade, by a vote of 7 to 2, the Supreme Court overturned a Texas law prohibiting abortions not necessary to save the woman's life and decided that "any governmental interference with [a woman's] right is subject to strict judicial scrutiny." It also recognized a state's right to "regulate the abortion procedure after the first trimester of pregnancy in ways necessary to promote women's health" and stated that "after the point of fetal viability -- approximately 24 to 28 week
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Despite the ruling, abortion has continued to be a very emotional topic in American politics. During the decade after the Court's decisions, Roe v. Wade was regularly upheld except for using public funding for the abortion. However, in the 1990s, as the country and Court became more conservative, the rulings started shifting. In Planned Parenthood of Southeastern Pennsylvania v. Casey in 1992, by a 5 to4 ruling the Court once again affirmed "the essential holding" of Roe v. Wade, but upheld a provision of the Pennsylvania Abortion Control Act that required "physicians to provide patients with anti-abortion information to discourage women from obtaining abortions." More critically, the four opposing views came from Justices Rehnquist, Scalia, Thomas, and White, who voted to "uphold the challenged (state) provisions and overturn Roe completely, stating that it was wrongly decided and the Constitution does not protect the right to choose." Only Blackman and Stevens voted to continue to "protect the right to choose as a fundamental right under Roe by subjecting state restrictions to strict scrutiny"
Across the country, momentum was building to reverse the original Roe v Wade. For example, a summary paper produced by NARAL-Pro-Choice America, "Roe v. Wade and the Right to Choose," stated that since the Supreme Court's 2002 ruling in Steinberg v. Carhart against Nebraska's ban on safe, common abortion procedures, legislators in that and other states have been "steadily passing legislation as groundwork for a Supreme Court case that could reverse Roe v. Wade; since 1995, states have enacted 383 anti-choice measures" (as cited in Stanton,… READ MORE
Quoted Instructions for "Supreme Court in Many Respects, the Justice" Assignment:
“Present a report on a Supreme Court decision that has been important in shaping the interpretation of the Constitution. The report should be three- to five-pages in length (excluding cover page, reference page, etc.). The choice of the court decision is up to you. A list of suitable cases can be found in the Appendix of this guide. You may organize your report as you see fit, however, the report should, at a minimum cover the following points: the background of the case (the parties and the points at issue), the constitutional questions raised by the case, a clear summary of the court*****s decision, and an evaluation of the decision*****s constitutional significance (the relationship of this decision to others is relevant here). The report should be prepared using APA style. All sources must be cited.
You are welcome to use whatever sources you feel to be appropriate. Some websites that may help with your paper include:
The texts of Supreme Court decisions since 1893 may be found at www.Findlaw.com/casecode/supreme.html.
Oyez-Oyez-Oyez is a comprehensive database of major constitutional cases. http://www.oyez.org/
Rominger Legal Services provides U.S. Supreme Court links including history, pending cases, rules, bios, etc. http://www.romingerlegal.com/supreme.htm
How to Reference "Supreme Court in Many Respects, the Justice" Research Paper in a Bibliography
“Supreme Court in Many Respects, the Justice.” A1-TermPaper.com, 2010, https://www.a1-termpaper.com/topics/essay/supreme-court-respects/5017370. Accessed 3 Jul 2024.
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