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Criminal Procedure Commons

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Fourteenth Amendment

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2009

Due Process of Law

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Full-Text Articles in Criminal Procedure

Roe At Thirty-Six And Beyond: Enhancing Protection For Abortion Rights Through State Constitutions, Linda J. Wharton Apr 2009

Roe At Thirty-Six And Beyond: Enhancing Protection For Abortion Rights Through State Constitutions, Linda J. Wharton

William & Mary Journal of Race, Gender, and Social Justice

In a series of decisions over the past three decades, the Supreme Court has seriously undermined Roe v. Wade's promise of full and meaningful federal constitutional protection for women's access to abortion. While the new Obama administration will enhance protection for reproductive rights at the federal level, the reality remains that reconstituting the Supreme Court with a majority of Justices amenable to fully restoring Roe's strict protections will likely take many years. This Article considers whether state constitutions are a promising avenue for enhancing protection for abortion rights.

This Article looks back on thirty years of reproductive rights litigation under …