Tuesday, September 24, 2013
My picks of the week:
Marc Spindelman,Sexuality's Law, 24 Colum. J. Gender & L. 87-227 (2013).
As Robin West commented, "Marc Spindelman’s essay Sexuality’s Law, forthcoming in the Columbia Journal of Gender and Law, is one of the most extraordinary pieces of legal writing on the interrelations of law, culture and sexuality to appear in a law journal in well over a decade, perhaps much longer."
Caitlin Borgmann, Roe v. Wade's 40th Anniversary: A Moment of Truth for the Anti-Abortion-Rights Movement? 24 Stan. L. & Pol'y Rev. 245-270 (2013)
In the forty years since the Supreme Court decided Roe v. Wade, the anti-abortion-rights movement has pursued a strategy of incrementally whittling away at the right to abortion....Advocates have pushed a steady stream of abortion restrictions through state legislatures, and sometimes Congress....But restrictions short of a ban are not the end game for abortion-rights opponents. The incremental approach has left the movement in a sort of Zeno’s paradox, perpetually pursuing restrictions that get them only halfway from the political present to their goal, and thus never reaching it. Sooner or later, the movement will reach a moment of truth, when it must put aside the incrementalist strategy and openly pursue its goal of banning abortion altogether. Now, forty years after the Supreme Court recognized a constitutional right to abortion, that moment may have arrived.