Wednesday, January 23, 2019

Reviewing Law and History on the Anniversary of Roe v. Wade

This is a good time to review your recollection of what this foundational case and its related constitutional law actually did.

For the decision and oral argument, see The Oyez Project.

For the excellent history leading up to Roe, a must read is Linda Greenhouse (NYT) and Reva Siegel (Yale), Before Roe v. Wade: Voices that Shaped the Abortion Debate Before the Supreme Court’s Ruling (2012) (with documentary history).

For the history of abortion in the 19th century, when abortion before quickening (4 months) was generally available at common law until uniformly criminalized by the 1870s, see James Mohr  Abortion in America: Origins and Evolution of National Policy (Oxford U Press 1979) and Reva Siegel,  Reasoning From the Body: An Historical Perspective on Abortion Regulation and Questions of Equal Protection, 44 Stanford L. Rev. 261 (1992)

For a history of the immediate post-Roe aftermath, and the rise of so-called informed consent laws that we see exaggerated today, see my article on one of the first such laws in Akron, Ohio, Tracy A. Thomas, Back to the Future of Abortion Regulation in the First Term, 29 Wisconsin Journal of Law, Gender & Society 47 (2014)

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