Saturday, June 16, 2018
June 16, 2018, The Unfinished Story of Roe v. Wade:
Reva Siegel and Linda Greenhouse have a new article that tells the story of Roe v. Wade. According to the abstract:
Roe . . . , filed in federal district court in Dallas in March 1970, was one of many cases
in the late 1960s and early 1970s that invoked the Constitution to challenge the century-old
regime of criminal abortion statutes; Roe just happened to be first in line on the Supreme Court's docket. These cases emerged from principled and heated dialogue among powerful
social movements that initially did not even have courts in view. The story of Roe v. Wade is the
story of conflict born in democratic politics that engendered the rights claims that the Court
would ultimately recognize. The conflict continues to this day, even as advocates and their
arguments have changed as few would have expected.
The article provides a fresh context for understanding Roe v. Wade and the ways in which attitudes about abortion have changed of over time and have been influenced by politics and social forces. It also "allows us to recover claims for and against abortion rights to which the Court’s opinion in Roe responded, as well as claims that the Court ignored—claims for women’s equality and for protecting potential life that played an important role in reshaping the abortion right nearly twenty years later in Planned Parenthood of Southeastern Pennsylvania v. Casey. "
The article is available on SSRN and will be published in a forthcoming volume in the Foundation Press Law series.