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Author: Lee C. Bollinger Publisher: Oxford University Press ISBN: 019776035X Category : Law Languages : en Pages : 505
Book Description
"Bringing together a remarkable group of scholars and experts, this volume confronts the beginning and end of the Constitutional right to obtain an abortion in the United States, from the landmark decision in Roe v. Wade to its shocking overturning in Dobbs v. Jackson Women's Health fifty years later. This is a critical moment in which to reflect on the past, present, and future of abortion regulations and legislation in the U.S"--
Author: Lee C. Bollinger Publisher: Oxford University Press ISBN: 019776035X Category : Law Languages : en Pages : 505
Book Description
"Bringing together a remarkable group of scholars and experts, this volume confronts the beginning and end of the Constitutional right to obtain an abortion in the United States, from the landmark decision in Roe v. Wade to its shocking overturning in Dobbs v. Jackson Women's Health fifty years later. This is a critical moment in which to reflect on the past, present, and future of abortion regulations and legislation in the U.S"--
Author: Clarke D. Forsythe Publisher: Encounter Books ISBN: 1594036926 Category : Law Languages : en Pages : 498
Book Description
Based on 20 years of research, including an examination of the papers of eight of the nine Justices who voted in Roe v. Wade and Doe v. Bolton, Abuse of Discretion is a critical review of the behind-the-scenes deliberations that went into the Supreme Court's abortion decisions and how the mistakes made by the Justices in 1971-1973 have led to the turmoil we see today in legislation, politics, and public health. The first half of the book looks at the mistakes made by the Justices, based on the case files, the oral arguments, and the Justices’ papers. The second half of the book critically examines the unintended consequences of the abortion decisions in law, politics, and women’s health. Why do the abortion decisions remain so controversial after almost 40 years, despite more than 50,000,000 abortions, numerous presidential elections, and a complete turnover in the Justices? Why did such a sweeping decision—with such important consequences for public health, producing such prolonged political turmoil—come from the Supreme Court in 1973? Answering those questions is the aim of this book. The controversy over the abortion decisions has hardly subsided, and the reasons why are to be found in the Justices’ deliberations in 1971-1972 that resulted in the unprecedented decision they issued. Discuss Abuse of Discretion on Twitter using hashtag #AbuseOfDiscretion.
Author: Jack M. Balkin Publisher: NYU Press ISBN: 1479824453 Category : Law Languages : en Pages : 338
Book Description
A unique introduction to the constitutional arguments for and against the right to abortion In January 1973, the Supreme Court’s opinion in Roe v. Wade struck down most of the country's abortion laws and held for the first time that the Constitution guarantees women the right to safe and legal abortions. Nearly five decades later, in 2022, the Court’s 5-4 decision in Dobbs v. Jackson Women's Health Organization overturned Roe and eliminated the constitutional right, stunning the nation. Instead of finally resolving the constitutional issues, Dobbs managed to bring new attention to them while sparking a debate about the Supreme Court’s legitimacy. Originally published in 2005, What Roe v. Wade Should Have Said asked eleven distinguished constitutional scholars to rewrite the opinions in this landmark case in light of thirty years’ experience but making use only of sources available at the time of the original decision. Offering the best arguments for and against the constitutional right to abortion, the contributors have produced a series of powerful essays that get to the heart of this fascinating case. In addition, Jack Balkin gives a detailed historical introduction that chronicles the Roe litigation—and the constitutional and political clashes that followed it—and explains the Dobbs decision and its aftermath.
Author: Leslie J. Reagan Publisher: Univ of California Press ISBN: 0520387422 Category : Medical Languages : en Pages : 433
Book Description
The definitive history of abortion in the United States, with a new preface that equips readers for what’s to come. When Abortion Was a Crime is the must-read book on abortion history. Originally published ahead of the thirtieth anniversary of Roe v. Wade, this award-winning study was the first to examine the entire period during which abortion was illegal in the United States, beginning in the mid-nineteenth century and ending with that monumental case in 1973. When Abortion Was a Crime is filled with intimate stories and nuanced analysis, demonstrating how abortion was criminalized and policed—and how millions of women sought abortions regardless of the law. With this edition, Leslie J. Reagan provides a new preface that addresses the dangerous and ongoing threats to abortion access across the country, and the precarity of our current moment. While abortions have typically been portrayed as grim "back alley" operations, this deeply researched history confirms that many abortion providers—including physicians—practiced openly and safely, despite prohibitions by the state and the American Medical Association. Women could find cooperative and reliable practitioners; but prosecution, public humiliation, loss of privacy, and inferior medical care were a constant threat. Reagan's analysis of previously untapped sources, including inquest records and trial transcripts, shows the fragility of patient rights and raises provocative questions about the relationship between medicine and law. With the right to abortion increasingly under attack, this book remains the definitive history of abortion in the United States, offering vital lessons for every American concerned with health care, civil liberties, and personal and sexual freedom.
Author: Karen Weingarten Publisher: Rutgers University Press ISBN: 0813572134 Category : Social Science Languages : en Pages : 252
Book Description
The public debate on abortion stretches back much further than Roe v. Wade, to long before the terms “pro-choice” and “pro-life” were ever invented. Yet the ways Americans discussed abortion in the early decades of the twentieth century had little in common with our now-entrenched debates about personal responsibility and individual autonomy. Abortion in the American Imagination returns to the moment when American writers first dared to broach the controversial subject of abortion. What was once a topic avoided by polite society, only discussed in vague euphemisms behind closed doors, suddenly became open to vigorous public debate as it was represented everywhere from sensationalistic melodramas to treatises on social reform. Literary scholar and cultural historian Karen Weingarten shows how these discussions were remarkably fluid and far-ranging, touching upon issues of eugenics, economics, race, and gender roles. Weingarten traces the discourses on abortion across a wide array of media, putting fiction by canonical writers like William Faulkner, Edith Wharton, and Langston Hughes into conversation with the era’s films, newspaper articles, and activist rhetoric. By doing so, she exposes not only the ways that public perceptions of abortion changed over the course of the twentieth century, but also the ways in which these abortion debates shaped our very sense of what it means to be an American.
Author: Marian Faux Publisher: Rowman & Littlefield ISBN: 081541093X Category : Abortion Languages : en Pages : 403
Book Description
From the back-alley clinics of illegal abortionists to the behind-the scene deliberations of the Supreme Court justices, Roe v. Wade is a riveting history of the thorniest ethical debate ever brought before the Supreme Court. this is the bull story behind the struggle of two lawyers, Sarah Weddington and Linda Coffee and their unwed, unemployed, pregnant client Norma McCorvey. In this updated edition Faux details recent challengesand erosions to the decision--including parental consent laws and bans on partial-birth abortions--and illuminates how the ruling has impacted public attitudes and policy.
Author: Paul Benjamin Linton Publisher: ISBN: Category : Law Languages : en Pages : 648
Book Description
Whether a state constitution protects a right to abortion is significant for two reasons: First, it may determine whether the State has the authority to enact and enforce laws regulating abortion (e.g., laws mandating informed consent or requiring parental notice or consent) within current federal constitutional limits. Second, and more important, it will determine whether the State would have the authority to enact and enforce laws prohibiting abortion, if the Supreme Court overrules Roe v. Wade and returns the issue of abortion to the States. Abortion under State Constitutions is the first, full-length treatment of the subject to appear in print. For each State, the author considers possible sources of a right to abortion in the state constitution (privacy, due process of law, equality of rights, equal protection, privileges and immunities, as well as other provisions); state court decisions interpreting those provisions; the relevant state constitutional history; pre-Roe prohibitions of abortion and their interpretation by state courts; post-Roe regulations of abortion; and what rights state law has conferred upon unborn children outside the context of abortion. Based upon the foregoing analysis, arranged topically within each State for ease of reference, the author concludes that thirteen state constitutions protect (or would be interpreted to protect) a state right to abortion that is independent of the right to abortion recognized in Roe v. Wade, while the supreme courts of the other thirty-seven States probably would not recognize a state right to abortion. Likely to become a standard reference work on the subject, Abortion under State Constitutions should be of interest not only to lawyers who litigate state abortion rights claims and judges who decide those cases, but to anyone on either side of the abortion debate who wants to have a better understanding of the status of abortion under state constitutions. "After an admirably incisive outline of federal constitutional law on abortion, Linton clarifies the law of each State in its own individual chapter, greatly facilitating the work of legislators, litigators, and lay activists concerned primarily about the law of their own particular State.... Although the author states that his work is meant to be "predictive" of future state supreme court decisions, he bases his estimations on close analysis of legal doctrine, not on uncertain guesswork about the political considerations of future courts and possible judicial activism. "Abortion under State Constitutions is sure to become the standard reference work for those concerned to resist (or to promote) a right to abortion founded on U.S. state constitutions."--Richard Stith, Professor of Law, Valparaiso University School of Law "Paul Benjamin Linton is one of the most thoughtful, insightful, and thorough legal authorities writing about biomedical ethics and law. Among his past masterpieces are influential law review articles analyzing suicide, euthanasia, same-sex marriage, equal rights, state abortion regulations, and abortion decisions of the U.S. Supreme Court. Now, Linton examines how abortion regulations have fared and would fare under state constitutions. Abortion under State Constitutions is a convincing explanation of the growing importance of state constitutional jurisprudence in controlling the regulation of abortion. The book is an invaluable, timely resource for lawmakers, judges, legal scholars, students, and anyone else interested in the constitutional, legal policy, and social strategies concerning the regulation of elective abortion in America."--Lynn D. Wardle, Bruce C. Hafen Professor of Law, J. Reuben Clark Law School, Brigham Young University "Scholars, advocates and activists involved in the abortion debate owe a debt of gratitude to Paul Linton for sharing his meticulous research. A comprehensive guide to the status of abortion under each state''s constitution, this book is a necessary tool for anyone seeking to predict the consequences of a United States Supreme Court decision overruling Roe v. Wade. As Mr. Linton carefully documents, abortion would remain legal in a minority of states due to state court decisions protecting the procedure under the respective state constitutions. The majority of states probably could enforce abortion prohibitions, but that would require new legislation in most of those states. Abortion under State Constitutions guides the reader through the differing law among the states. "This book will be of particular value to state lawmakers seeking to craft sound public policy in this volatile area. Whether the objective is to protect a woman''s right to choose or an unborn child''s right to life, attentive readers will benefit from Mr. Linton''s expert analysis of the development of state law. His description of the relationship between various state laws and constitutions reflects his decades of experience in advancing and defending state laws in this area.... Regardless of readers'' political views, Abortion under State Constitutions promises to inform, intrigue, and inspire those who care about the issue of abortion."--Teresa S. Collett, Professor of Law, University of St. Thomas School of Law "This is an important book for both sides."--Time Magazine Online
Author: David Cole Publisher: Basic Books ISBN: 0465098517 Category : Law Languages : en Pages : 322
Book Description
From the national legal director of the ACLU, an essential guidebook for anyone seeking to stand up for fundamental civil liberties and rights One of Washington Post's Notable Nonfiction Books of 2016 In an age of executive overreach, what role do American citizens have in safeguarding our Constitution and defending liberty? Must we rely on the federal courts, and the Supreme Court above all, to protect our rights? In Engines of Liberty, the esteemed legal scholar David Cole argues that we all have a part to play in the grand civic dramas of our era -- and in a revised introduction and conclusion, he proposes specific tactics for fighting Donald Trump's policies. Examining the most successful rights movements of the last thirty years, Cole reveals how groups of ordinary Americans confronting long odds have managed, time and time again, to convince the courts to grant new rights and protect existing ones. Engines of Liberty is a fundamentally new explanation of how our Constitution works and the part citizens play in it.
Author: Ryan T. Anderson Publisher: Simon and Schuster ISBN: 1684513545 Category : Political Science Languages : en Pages : 183
Book Description
The political philosopher Ryan T. Anderson, bestselling author of When Harry Became Sally: Responding to the Transgender Moment, teams up with the pro-life journalist Alexandra DeSanctis to expose the catastrophic failure—social, political, legal, and personal—of legalized abortion. Hope in the Ruins of Roe Now that the Supreme Court has overturned Roe v. Wade and returned abortion law to the democratic process, a powerful new book reframes the coming debate: Our fifty-year experiment with unlimited abortion has harmed everyone—even its most passionate proponents. Women, men, families, the law, politics, medicine, the media—and, of course, children (born and unborn)—have all been brutalized by the culture of death fostered by Roe v. Wade. Abortion hollows out marriage and the family. It undermines the rule of law and corrupts our political system. It turns healers into executioners and “women’s health” into a euphemism for extermination. Ryan T. Anderson, a compelling and reasoned voice in our most contentious cultural debates, and the pro-life journalist Alexandra DeSanctis expose the false promises of the abortion movement and explain why it has made everything worse. Five decades after Roe, everyone has an opinion about abortion. But after reading Tearing Us Apart, no one will think about it in the same way.
Author: Lee C. Bollinger
Author: Lee C. Bollinger
Author: Philip B. Kurland
Author: Clarke D. Forsythe
Author: Jack M. Balkin
Author: Leslie J. Reagan
Author: Karen Weingarten
Author: Marian Faux
Author: Paul Benjamin Linton
Author: David Cole
Author: Ryan T. Anderson