If your last name starts with the letters L – Z, choose an opponent’s post, and draft arguments in opposition to your opponent’s arguments. minimum of 150 words APA Format
Roe v. Wade is considered settled law with the concept of stare decisis. Stare decisis translates as “to stand on decided cases”. (Cross, Miller p 8) Julie Rikelman, VP of U.S. Legal Program was quoted,”The precedent has been enforced for over 40 years, and it has survived throughout a variety of administrations that were both pro-choice and anti-choice, including administrations where there has been an effort to put anti-choice justices onto the Supreme Court.” (Ryan, L. 2016) As Rikelman pointed out, this ruling is not lightly held up. There have been many cases that have tried to uproot the decision. However, after 40 years, the ruling has not changed, and has been set as a precedent in more cases since. Not only is the case held up by stare decisis but also legal reasoning. “This is when judges harmonize their decisions with those that have been made before. The only steps required for legal reasoning are the following: Issue, Rule, Application, and Conclusion.” (Cross, Miller p 10-11) The (issue) remains as a private decision between a woman and her doctor. The (rule) is already in place, thanks to the precedent set. The (application) of the law has already sided with the mother in the past. The (conclusion) will most likely be upheld with the Roe v. Wade ruling. Since the ruling has been held up on a multitude of cases, it stands to reason that the case became settled law.
Cross F., Miller, R. 2015. The Legal Environment of Business: Text and Cases (10th Ed.). Boston, MA: Cengage Learning. p.8-11
Ryan, L. 11/14/2016. Could a Trump Administration Overturn Roe V. Wade? The Cut. Retrieved from http://nymag.com/thecut/2016/11/could-a-trump-administration-overturn-roe-v-wade.html