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Sample Critical Thinking Paper on Special Interest Groups

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Sample Critical Thinking Paper on Special Interest Groups

Special Interest Groups

The jurisdictional issue in Roe v. Wade, 410 U.S. 113(1973) was whether the Texas criminal abortion laws is constitutional. The State laws prohibit abortion except on medical recourse when the life of the mother is in danger. The Appellant, Jane Roe was an unmarried pregnant mother in Texas who wished to procure an abortion. Jane Roe sought a declaratory judgment that holds that the Texas Statutes were unconstitutional. She also requested for an injunction that could prevent the defendant, Henry Wade, the District Attorney of Dallas County, from enforcing those statutes (Street Law Inc. , 2012). The court held that a women right to abortion falls within their right to privacy that is recognized in Griswold v. Connecticut ( IIT Chicago-Kent College of Law, 2015). The Fourteenth Amendment protects this right thus the decision gives the woman total autonomy over her pregnancy during the first trimester.

The special interest group that was being protected by the court was the woman in Texas who cannot afford to move to other jurisdictions to obtain legal abortions. Rich women would often move to other States to procure abortions. To Roe, this was not fair, and she sought from the court a decision that would ensure all women, regardless of their class in society could procure abortion legally. The Texas statutes were unconstitutionally vague and bridged the right of women to personal privacy which is protected by constitutional amendments.

Another case that show how effective interest groups can be in influencing courts is District of Columbia v. Heller. The District of Columbia approved legislation that barred the registration of handguns and mandated that legal firearms be kept unloaded and dissembled at all times (District of Columbia v. Heller, 2008). The interest group in this case was a group of private gun-owners who felt that such laws violated their constitutional right to bear firearms as guaranteed in the Second Amendment. The Supreme Court held that the district law was unconstitutional since the Second Amendment protects the right to own firearms and to utilize them for self-defense and conventionally lawful purposes.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

References

IIT Chicago-Kent College of Law. (2015, February 17). ROE v. WADE. The Oyez Project.

District of Columbia v. Heller, 07–290 (Supreme Court of the United States June 26, 2008).

Street Law Inc.. (2012). Roe v. Wade (1973) Abortion, Right to Privacy.

 

 

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