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CUNY School of Law

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Monday, March 25, 2013

More Fretting About Roe v. Wade as Supreme Court Addresses Marriage Equality

Below, another article that assumes that Roe v. Wade nipped inevitable state reform in the bud and fueled the anti-choice movement.  As mentioned in Friday's post, it's far from clear that this is true. Reform had largely stopped by 1973, and those few reform laws that were enacted were not even as protective as the Roe decision.  (New York's pre-Roe reform law, for example, is still on the books, and it bars all but life-saving abortions after 24 weeks, regardless of viability and with no health exception. This is one of the reasons why the Reproductive Health Act, championed by Governor Cuomo, is needed.) And there are surely many conservative states -- including those now passing early abortion bans, like Arkansas and North Dakota -- that would never have liberalized their laws.  When a right is fundamental, it's the Supreme Court's job to ensure that it is protected nationwide and is not subject to the state in which a person resides.

The New York Times: Shadow of Roe v. Wade Looms Over Ruling on Gay Marriage, by Adam Liptak:

When the Supreme Court hears a pair of cases on same-sex marriage on Tuesday and Wednesday, the justices will be working in the shadow of a 40-year-old decision on another subject entirely: Roe v. Wade, the 1973 ruling that established a constitutional right to abortion. . . .

See also: The Los Angeles Times - LA Now: As Supreme Court considers gay marriage, abortion comparisons rise, by Robin Abcarian.

http://lawprofessors.typepad.com/reproductive_rights/2013/03/roe-v-wades-shadow-looms-over-supreme-court-as-considers-the-constitutionality-of-gay-marriage.html

Abortion Bans, Sexuality, Supreme Court | Permalink

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