Tuesday, January 22, 2013
Justicia: Marking the Fortieth Anniversary of Roe v. Wade, Part One: Where Three Common Criticisms Go Wrong, by Michael C. Dorf:
Tuesday, January 22, 2013, will mark the fortieth anniversary of Roe v. Wade, the Supreme Court ruling that recognized a constitutional right of a woman to have an abortion. What lessons can we learn from the case and the ensuing years?
In this, the first of a two-part series on Roe, I consider three common criticisms of the ruling: (1) that the constitutional text nowhere mentions abortion; (2) that the original meaning of the Fourteenth Amendment did not encompass a right to abortion; and (3) that the courts ought to stay out of socially divisive issues. . . .
Dorf on Law: Roe v. Wade at 40: Acts, Omissions, and Abortion, by Michael C. Dorf:
On Justia's Verdict, my column today--part 1 of a 2-part series--marks the 40th anniversary of Roe v. Wade. Part 2 will appear next Wednesday, Jan. 23, one day after the actual 40th anniversary. In today's column, I explain why three common criticisms of Roe are either mistaken or, if credited, are not really arguments against Roe but much broader arguments against unenumerated rights and perhaps against all of judicial review. Here I want to expand a bit on one point I make in passing in the column. . . .