Showing papers on "Plurality opinion published in 1989"

The Webster amicus curiae briefs: perspectives on the abortion controversy and the role of the Supreme Court. Introduction: did the amici effort make a difference?

Abstract: The Webster case is important because it provided the Supreme Court with the opportunity to overturn "Roe v. Wade" the 1973 case which legalized abortion in the US. The Court had many "amici curiae" briefs on both sides of the issue. The "Webster" decision upheld but modified "Roe." 47 briefs were filed in support of the appellants; 31 in support of appellees. The appellees briefs represent 331 organizations and thousands of individuals in defense of Roe. 10 briefs in support of both appellants and appellees are presented here. It is appropriate to use the "amici" process to "lobby the Court" and pro-choice "amici" efforts have affected the outcome of Webster. Webster upheld 3 provisions of Missouri statute: 1) the statement that life starts at conception; 2) not allowing public employees to perform abortions in public facilities; and 3) fetal viability testing requirements. The Court did not address speech restrictions. The plurality opinion was authored by Chief Justice Rehnquist and joined by Justices White and Kennedy. It stops short of overturning "Roe" but did reject Roes trimester framework. The plurality wants to eliminate all protection from the right of choice. The plurality was more restrained than it was expected to be. When it upheld the prohibition against doing abortions in facilities that are public the Court extended its ruling on "Maher Harris and Poelker v. Doe." Justice OConnor concurred but declined to address the validity of "Roe." Justice Scalia also concurred. The 5 Justices avoided discussion of "the nature of womens rights to make procreational decisions." The Court was reluctant to discuss constitutional theory. This may be due to the "amici" briefs. 20% of the law professors supported Roe. Justices Blackmun Brennan and Marshall argued that the "principles of constitutionalism required" adhering to "Roe." Justice Stevens dissent concurred for the most part with Justice Blackmuns but provided different reasoning for rejecting the preamble of the Missouri law. Justice Stevens says that Missouris statement that life begins at conception violates the Establishment clause of the COnstitution. 45 religious organizations filed 3 "amici" briefs in favor of choice showing that all religious people are not opposed to abortion; the "amici" effort showed that many organizations professionals and politicians are pro-choice.