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Due to this failure, the decision ought to be overturned, and abortion should be federally illegal until the court does its due diligence and produces a satisfactory and definitive ruling.It is important to keep in mind that every right claimed by one party implies that a separate party has a corresponding obligation to respect that right.That is to say, if Fred has a right to private property, then Joe is obliged to keep off of it unless Fred gives him permission.
As such, the , and their hasty and under-informed ruling more than justifies overturning the court’s decision.
Wenar, Leif, "Rights", The Stanford Encyclopedia of Philosophy (Fall 2011 Edition), Edward N.
If it happens that the right to private property is more fundamental than the right to travel, the latter will be limited and Fred will be justified in keeping Joe off of his land.
On the other hand, if the right to travel is found to be more fundamental, then Fred’s right to private property will be limited and Joe will be able to travel across it if he likes.
In other words, when it happens that rights conflict with one another, it is a judge’s job to adjudicate the question of which right is more basic and rule in favor of it.
Of all the rights that can possibly be claimed, an individual’s right to life is the most fundamental.
According to Chief Justice Blackmun, who wrote the opinion of the court: The right to privacy “is broad enough to encompass a woman’s decision whether or not to terminate her pregnancy.”It is often argued by pro-life groups that a fetus’ right to life is more fundamental than a woman’s right to privacy and that, given this, the Supreme Court ruled in error.
If this is true, then it certainly seems apparent that the findings of are incorrect.
According to legal philosopher Henry Shoe:"Rights of security and subsistence are ‘basic rights’ because they are indispensable for the enjoyment of all other rights” (Wenar).
This means that a person’s right to life is a precondition for other rights, like private property or movement; if one is not free to not be killed, then he or she can’t be free to travel to Rome or own a car.