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Constitutional Law

Selected Works

2014

Abortion

Articles 1 - 5 of 5

Full-Text Articles in Law

Why The Right To Elective Abortion Fails Casey’S Own Interest-Balancing Methodology – And Why It Matters, Stephen G. Gilles Aug 2014

Why The Right To Elective Abortion Fails Casey’S Own Interest-Balancing Methodology – And Why It Matters, Stephen G. Gilles

Stephen G Gilles

Why the Right to Elective Abortion Fails Casey’s Own Interest-Balancing Methodology – and Why It Matters

Stephen G. Gilles

In Planned Parenthood v Casey, the Supreme Court reaffirmed the right to elective abortion before viability, but abandoned Roe v Wade’s characterization of it as a fundamental right that can be overcome only by a compelling state interest. Instead, Casey treats the right to elective abortion as grounded in an interest-balancing judgment that the woman’s liberty interest in terminating her pregnancy outweighs the state’s interest in protecting pre-viable fetal life. Remarkably, however, the Casey Court did not defend that interest-balancing judgment …


Justice Lewis F. Powell's Baffling Vote In Roe V. Wade, Samuel W. Calhoun May 2014

Justice Lewis F. Powell's Baffling Vote In Roe V. Wade, Samuel W. Calhoun

Samuel W. Calhoun

No abstract provided.


Why Strive For Balance In A Roe Symposium?, Samuel W. Calhoun May 2014

Why Strive For Balance In A Roe Symposium?, Samuel W. Calhoun

Samuel W. Calhoun

No abstract provided.


Who Deserves The Right To Decide On Abortion?, Alan E. Garfield Feb 2014

Who Deserves The Right To Decide On Abortion?, Alan E. Garfield

Alan E Garfield

No abstract provided.


Deadly Dicta: Roe’S “Unwanted Motherhood,” Gonzales’S “Women’S Regret” And The Shifting Narrative Of Abortion Jurisprudence, Stacy A. Scaldo Dec 2013

Deadly Dicta: Roe’S “Unwanted Motherhood,” Gonzales’S “Women’S Regret” And The Shifting Narrative Of Abortion Jurisprudence, Stacy A. Scaldo

Stacy A Scaldo

No abstract provided.