Open Access. Powered by Scholars. Published by Universities.®
- Publication Type
Articles 1 - 6 of 6
Full-Text Articles in Law
Freedom Of Speech And The Press
Ineffective Assistance Of Counsel
The "Gag Rule" Revisited: Physicians As Abortion Gatekeepers, Maxwell Gregg Bloche
The "Gag Rule" Revisited: Physicians As Abortion Gatekeepers, Maxwell Gregg Bloche
Georgetown Law Faculty Publications and Other Works
To the surprise of many and the dismay of some, the U.S. Supreme Court took it upon itself last term to proclaim a national compromise on the question of abortion. The Court's announced truce, an elaboration on Justice O'Connor's "undue burden" idea, is pragmatic in design but unlikely to prove stable in practice. The three justices who spoke for the Court disparaged Roe with reluctant praise, then upheld its outer shell on the ground that social expectations and the need to sustain the appearance of the rule of law made it impolitic to do otherwise. This awkward doctrinal invention seems …