"As a matter of perspective on the above ; Roe is , was and always will be the historical reference for an example of `` judicial activism. ``"
"In fact , just the opposite is true . Have you ever read the entire decision ? If you did , you would have a very different conclusion . In point of fact , Roe is a model of judicial restraint . Mr. Justice Blackmun takes great pains to point out in the opening of the majority opinion that there are many competing theories and answers to the metaphysical question of when personhood begins , and that those who hold to each of those positions is quite passionate in its defense . Therefore , the opinion takes great pains to point out , the Court is in no position to choose one from among all the competing theories and stamp it with the government 's imprimatur . Ultimately , the decision points out , the choice must be left where it properly belongs , in the hands of each individual woman . The later term abortions that the decision discusses , which form a minuscule percentage of those performed , were not declared to be illegal or unconstitutional in any way whatsoever . The Court simply said that , in order to protect the health of the woman , the state could prescribe the site of the abortion . Did the decision go far enough ? Not really , in my opinion . I would have wanted the Court to eliminate all restrictions whatsoever and leave the choice strictly up to the woman involved . Given the climate of 1973 , that was ground the Court was not willing to plow ."
"Roe is , was and always will be the historical reference for an example of `` judicial activism. ``"
"Roe is a model of judicial restraint ."