Q: I have a question about Roe v Wade.
As I understand it, Roe v Wade found that the Texas law was unconstitutional because it was an invasion of Roe/McCorvey’s right to privacy. Given the current state of affairs, I wonder if it couldn’t be argued on two additional constitutional rights: 1) life, liberty and the pursuit of happiness and 2) the first amendment, specifically the free exercise of religion.
Forcing a woman to carry an unwanted pregnancy to term would certainly qualify as a governmental invasion to life, liberty and the pursuit of happiness. But perhaps the more significant concern is that the pro-life movement assumes that life starts a conception; therefore terminating a pregnancy is tantamount to taking a life. If my religion/my belief is that life start at the point in time that a fetus is capable of surviving on its own outside the womb, then my beliefs are at odds with the pro-life movement and they are forcing their religious views on me. Does that argument hold any weight?
A:
ANY ARGUMENT CAN BE MADE AT ANY TIME FOR ANYTHING.
THE WEIGHT AND PROPRIETY OF THE ARGUMENT ARE UP TO THE JUDGE TO DECIDE.
OFTEN IT FALLS TO THE LAWYER ARGUING THE MATTER.
OFT TIMES ONE LAWYER IS MORE PERSUASIVE THAN THE OTHER...AND THAT CONVINCES THE TRIER OF FACT.
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