Law Commons^™

Roe V. Wade Inverted: How The Supreme Court Might Have Privileged Fetal Rights Over Reproductive Freedoms, Jack Wade Nowlin

Mercer Law Review

In Roe v. Wade, the United States Supreme Court privileged reproductive freedoms over fetal rights, but what if the Court had done the reverse in resolving the question of abortion under the Constitution- elevating fetal rights over reproductive freedoms? How might the Supreme Court have justified such a holding? What arguments, doctrines, and cases would the Court have invoked? What might concurring and dissenting opinions have said in response? A full analysis of these questions requires an exploration of a range of issues: the basis of constitutional personhood, the suspect nature of birth-status classifications, the fundamentality of access to …

Planned Parenthood Of Southeastern Pennsylvania V. Casey: Adopting The Unduly Burdensome Standard, Sara L. Doyle

Mercer Law Review

In Planned Parenthood v. Casey, the Supreme Court reaffirmed the central holding in Roe v. Wade, firmly establishing that a woman has a fundamental liberty right to choose to have an abortion guaranteed to her under the Due Process Clause of the Fourteenth Amendment. Casey is a, plurality opinion coupled with a strong dissent.

This Casenote begins with a summary of the pertinent facts leading up to the initial action. Next, the Casenote examines the Court's holding in Casey and concludes with analysis of the Supreme Court opinion.