Word: roe
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...decisions Bork most frequently and vehemently has criticized as usurpative "judicial coups d'etat" are Roe v. Wade, in which the Court found a (limited) right to abortion, and Griswold v. Connecticut, in which it established the right of married couples to purchase contraceptives. But, we are told, the chances are virtually nil that the infringements upon liberty they sought to combat would return if a Bork-inspired court overturned them. America has changed, the argument goes, and even if, say, the abortion issue were thrown back to the states, few would re-enact the draconian antiabortion statutes...
...unprincipled." Among them: the 1965 Supreme Court ruling that enunciated the right to privacy in overturning a Connecticut ban on contraceptives, and the Warren Court's series of one-man, one-vote pronouncements. Bork has never backed down from criticizing the privacy decision, a forerunner of the 1973 Roe v. Wade abortion ruling. But he found it necessary, under heavy scholarly criticism, to back away from another assertion in the 1971 article, that only "political speech" is protected under the First Amendment...
...blasted as groundless and unconstitutional: a seminal 1948 decision, Shelley v. Kraemer, that denied state courts the authority to enforce racially restrictive agreements between sellers and buyers; Griswold v. Connecticut, which in 1965 struck down a state law forbidding the use of contraceptives even by married couples; the 1973 Roe v. Wade ruling that extended the right of privacy to protect abortion; and the 1978 Bakke v. University of California decision that permitted affirmative action, though it disallowed strict racial quotas...
...wrote the 1973 Roe vs. Wade opinion that said women in most circumstances cannot be barred from having abortions...
That view makes Bork unsympathetic to the court's 1973 pronouncement in Roe v. Wade of a right to abortion -- he has called Roe an "unconstitutional decision" -- and unsupportive of arguments favoring a right to homosexual conduct. Conversely, since the Constitution explicitly mentions the death penalty, Bork believes the court cannot forbid...