2019-02-06T07:58:45+00:00

You should use Blackmun’s opinion in Roe v Wade.

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THE
ART OF ARGUMENT

ROE V WADE, ABORTION RIGHTS

ESSAY ASSIGNMENT 5

Follow the instructions on essay-writing in
Instructions in Writing an Essay.

Remember that I do not want background
information or introductions, and I do not want your opinions about
abortion — this is an analysis of a rather sophisticated
argument, whether you agree with it or not.

In Roe v Wade, Justice Blackmun, writing
for the majority of the Supreme Court, ruled (argued, in reality) that a woman
has a right under the US Constitution to choose an abortion in many
circumstances, although not all. This
was a major reshaping of the laws of abortion, which before Roe v Wade were
decided by the legislature of each individual state and which were generally
tough against abortion.

Two of the main arguments made by Blackmun
are as follows: first, that the history
of abortion laws shows that the Roe v Wade change in the law is not so extreme,
that various Western or English and American laws and views on abortion have
been fairly flexible; second, that deciding whether or not to have an abortion
is an important element of a woman’s right to privacy, while the moral issues
about human life and when it begins and their relation to the decision to have
an abortion are complicated and uncertain
— and these issues are central
to the government’s (“the state’s”) interest in preventing abortions.

Pick ONLY 1 of these arguments and describe
it in detail: what information is
available and how does the information support a woman’s right to decide to
have an abortion.

I realize that abortion is still a
controversial issue, and I am not asking you to decide whether abortion should
be allowed or is a constitutional right.
I am simply asking you to describe arguments used by Blackmun to explain
why there is (or should be) a right for a woman to choose an abortion as
protected by the US Constitution.

The Introduction, as usual, should be only
1 sentence briefly describing the controversy.
Save your words for explaining specific arguments.

You should use Blackmun’s opinion in Roe v
Wade. You may use Wikipedia information
about how the states just before Roe v Wade
(1970-73) made laws regarding abortion, to reinforce the 1st
of Blackmun’s arguments.

DO NOT DISCUSS THE ISSUE OF WHAT PART OF
THE CONSTITUTION RECOGNIZES A RIGHT OF PRIVACY (OR CREATES THAT RIGHT). DO NOT DISCUSS IN ROE V WADE WHETHER THE
CONSTITUTION PROTECTS THE RIGHTS OF AN UNBORN CHILD. Both of those issues are too complicated as
legal argument for you to be able to handle them.

You will lose points if your description of
the facts or of the argument is inaccurate.
(Remember Racism in the English Language for its inaccuracies and wrong
conclusions.)

About 400-600 words,


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