A picture of Representative Colleen W. Hanabusa
Colleen H.
Former Democrat HI 1
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    40Th Anniversary of Roe V. Wade

    by Former Representative Colleen W. Hanabusa

    Posted on 2013-01-22

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    HANABUSA asked and was given permission to address the House for 1 minute.) Ms. HANABUSA. Mr. Speaker, on December 13, 1971, the United States Supreme Court heard arguments in a case called Roe v. Wade.

    Then, 13 months later, 40 years ago today, the United States Supreme Court issued its decision on the case, a case that every law student reads, a case that has defined a woman's right to control her body and her future, and the definitive decision on women's right to choose. And this was delivered by Justice Blackmun for the Court.

    I reread that decision on this day and was struck by the statement that the task for the Court is to ``resolve the issue by constitutional measurement, free of emotion and of predilection.'' Justice Blackmun went on to quote Justice Holmes in Lochner v. New York, and he said: The Constitution is made for people of fundamentally differing views, and the accident of our finding certain opinions natural and familiar or novel and even shocking ought not to conclude our judgment upon the question of whether statutes embodying them conflict with the Constitution of the United States.

    Interestingly, it was Chief Justice Roberts who also looked to Justice Holmes in deciding ObamaCare. Both cases on the 14th Amendment, both looking to the Constitution. Forty years later, good law.


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