Friday, April 12, 2013
Neil S. Siegel and Reva B. Siegel on Equality Arguments for Abortion Rights
UCLA Law Review Discourse has published Equality Arguments for Abortion Rights, by Neil S. Siegel (Duke University School of Law) & Reva B. Siegel (Yale Law School). Here is the abstract:
Roe v. Wade grounds constitutional protections for women’s decision whether to end a pregnancy in the Due Process Clauses. But in the forty years since Roe, the U.S. Supreme Court has come to understand the abortion right as an equality right, as well as a liberty right. In this Essay, we describe some distinctive features of equality arguments for abortion rights. We then show how, over time, equality arguments have appeared in the opinions of the Court and of the justices. Finally, we explain why there may be independent political significance in grounding abortion rights in equality values.