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Justice Blackmun's Case

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Justice Blackmun's Case
In the case of Doe vs Bolton, 5 judges had a say in the case. Mr. Justice Blackmun delivered the opinion of the case. Blackmun states that in section 21202(a) of the American Law Institute's Model Penal Code that “an abortion is necessary because:a continuation of the pregnancy would endanger the life of the pregnant woman or would seriously and permanently injure her health; or the fetus would very likely be born with a grave, permanent, and irremediable mental or physical defect; or the pregnancy resulted from forcible or statutory rape.” Therefore Blackmun’s opinion states that in order to get an abortion is to follow the Penal Code. Which basically states that to get an abortion without breaking the law is if the mother’s life or health …show more content…
In addition to that statement concludes that Doe,Griswold,and related cases “establishes on a Constitutional right to privacy broad enough to encompass the right of a woman to terminate an unwanted pregnancy in its early stages, by obtaining an abortion.” This statement states that women get the privacy to get an abortion if that pregnancy is unwanted by the mother.It is their right to obtain that procedure under the Bill of Rights. “The Ninth Amendment obviously does not create federally enforceable rights. It merely says, "The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.” In this situation Douglas is getting to the point that it does not give the government to enforce rights without interpreting it to the people. “The right to remain silent as respects one's own beliefs.” This statement which is in Douglas’s opinion overall states that people should respect others decisions even if you do not agree because they are listed to their own beliefs in their first amendment. Douglas brings out a saying in the Griswold case, “It is true that, in Griswold, the right of privacy in question inhered in the marital relationship. Yet the marital couple is not an independent entity, with a mind and heart of its own, but an association of two individuals, each with a separate intellectual and emotional makeup. If the right of privacy means anything, it is the right of the individual, married or single, to be free from unwarranted governmental intrusion into matters so fundamentally affecting a person as the decision whether to bear or beget a child.” Which on the other hand says that the right of privacy means that women can make a decision of aborting their child whether single or married without the intrusion

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