Text on Byron White/William Rehnquist dissent on Roe V Wade

about.com ^ | January 22, 1973 | Byron White

[Betaille]

With all due respect, I dissent. I find nothing in the language or history of the Constitution to support the Court's judgment. The Court simply fashions and announces a new constitutional right for pregnant mothers [410 U.S. 222] and, with scarcely any reason or authority for its action, invests that right with sufficient substance to override most existing state abortion statutes. The upshot is that the people and the legislatures of the 50 States are constitutionally dissentitled to weigh the relative importance of the continued existence and development of the fetus, on the one hand, against a spectrum of possible impacts on the mother, on the other hand. As an exercise of raw judicial power, the Court perhaps has authority to do what it does today; but, in my view, its judgment is an improvident and extravagant exercise of the power of judicial review that the Constitution extends to this Court.

[Betaille]

A link to the original text. I think this may help put into perspective why it's so important that the next justice confirmed is not only a conservative, but a conservative that can stand up to overwhelming media/societal pressure and do the right thing.

[Clintonfatigued]

Byron White was an appointee of John F. Kennedy. His views were, roughly speaking, those of an economic liberal and social conservative.

[Betaille]

"Byron White was an appointee of John F. Kennedy"

All the more reason to admire his courage. My point is that moral strength and intellectual honesty are the most important qualities in a judge, not necessarily their political views.

[Dolphy]

Are you suggesting that this nominee who has a list of "first women to" in her resume can't stand up against overwhelming pressure and obstacles?

[Betaille]

"Are you suggesting that this nominee who has a list of "first women to" in her resume can't stand up against overwhelming pressure and obstacles?"

I wasn't suggesting anything about her. I was merely displaying a text that is not often enough read... and I hope it reminds people of what's important in a justice. Why so defensive? ;)

[Dolphy]

I was just trying to understand the point of the post.

[LiteKeeper]

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