What Roe V Wade Should Have Said

Author : Jack M. Balkin
Publisher : NYU Press
Page : 338 pages
File Size : 43,7 Mb
Release : 2023-01-17
Category : Law
ISBN : 9781479824458

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What Roe v. Wade Should Have Said by Jack M. Balkin Pdf

A unique introduction to the constitutional arguments for and against the right to abortion In January 1973, the Supreme Court’s opinion in Roe v. Wade struck down most of the country's abortion laws and held for the first time that the Constitution guarantees women the right to safe and legal abortions. Nearly five decades later, in 2022, the Court’s 5-4 decision in Dobbs v. Jackson Women's Health Organization overturned Roe and eliminated the constitutional right, stunning the nation. Instead of finally resolving the constitutional issues, Dobbs managed to bring new attention to them while sparking a debate about the Supreme Court’s legitimacy. Originally published in 2005, What Roe v. Wade Should Have Said asked eleven distinguished constitutional scholars to rewrite the opinions in this landmark case in light of thirty years’ experience but making use only of sources available at the time of the original decision. Offering the best arguments for and against the constitutional right to abortion, the contributors have produced a series of powerful essays that get to the heart of this fascinating case. In addition, Jack Balkin gives a detailed historical introduction that chronicles the Roe litigation—and the constitutional and political clashes that followed it—and explains the Dobbs decision and its aftermath.

Author : Jack M. Balkin
Publisher : NYU Press
Page : 338 pages
File Size : 42,8 Mb
Release : 2023-01-17
Category : Law
ISBN : 9781479824489

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What Roe V. Wade Should Have Said by Jack M. Balkin Pdf

A unique introduction to the constitutional arguments for and against the right to abortion In January 1973, the Supreme Court’s opinion in Roe v. Wade struck down most of the country's abortion laws and held for the first time that the Constitution guarantees women the right to safe and legal abortions. Nearly five decades later, in 2022, the Court’s 5-4 decision in Dobbs v. Jackson Women's Health Organization overturned Roe and eliminated the constitutional right, stunning the nation. Instead of finally resolving the constitutional issues, Dobbs managed to bring new attention to them while sparking a debate about the Supreme Court’s legitimacy. Originally published in 2005, What Roe v. Wade Should Have Said asked eleven distinguished constitutional scholars to rewrite the opinions in this landmark case in light of thirty years’ experience but making use only of sources available at the time of the original decision. Offering the best arguments for and against the constitutional right to abortion, the contributors have produced a series of powerful essays that get to the heart of this fascinating case. In addition, Jack Balkin gives a detailed historical introduction that chronicles the Roe litigation—and the constitutional and political clashes that followed it—and explains the Dobbs decision and its aftermath.

Author : Norma McCorvey
Publisher : HarperCollins Publishers
Page : 232 pages
File Size : 50,5 Mb
Release : 1994
Category : Biography & Autobiography
ISBN : UVA:X002498159

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I Am Roe by Norma McCorvey Pdf

The spiritual/intellectual distance Roe falls below a Gandhi, a M.L. King, or many other symbolic persons is painfully obvious in her writing (we suppose Andy Meisler could write better but chose to retain the country flavor--or flatness). An un-heroic account of a very common lady swept along by outside forces. Annotation copyright by Book News, Inc., Portland, OR

Author : Joshua Prager
Publisher : W. W. Norton & Company
Page : 444 pages
File Size : 43,7 Mb
Release : 2021-09-14
Category : History
ISBN : 9780393247725

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The Family Roe: An American Story by Joshua Prager Pdf

Finalist for the 2022 Pulitzer Prize for General Nonfiction Finalist for the J. Anthony Lukas Book Prize Finalist for the National Book Critics Circle Award for Nonfiction One of NPR's Best Books of 2021 A New York Times Notable Book of 2021 One of TIME's 100 Must-Read Books of 2021 "The scope is sweeping, the writing is beautiful. It’s an epic story worthy of the impact this one case has had on the American psyche." ? Michel Martin, NPR "Stupendous…. If you want to understand Roe more deeply before the coming decision, read it." ? Peggy Noonan, Wall Street Journal A masterpiece of reporting on the Supreme Court’s most divisive case, Roe v. Wade, and the unknown lives at its heart. Despite her famous pseudonym, “Jane Roe,” no one knows the truth about Norma McCorvey (1947–2017), whose unwanted pregnancy in 1969 opened a great fracture in American life. Journalist Joshua Prager spent hundreds of hours with Norma, discovered her personal papers—a previously unseen trove—and witnessed her final moments. The Family Roe presents her life in full. Propelled by the crosscurrents of sex and religion, gender and class, it is a life that tells the story of abortion in America. Prager begins that story on the banks of Louisiana’s Atchafalaya River where Norma was born, and where unplanned pregnancies upended generations of her forebears. A pregnancy then upended Norma’s life too, and the Dallas waitress became Jane Roe. Drawing on a decade of research, Prager reveals the woman behind the pseudonym, writing in novelistic detail of her unknown life from her time as a sex worker in Dallas, to her private thoughts on family and abortion, to her dealings with feminist and Christian leaders, to the three daughters she placed for adoption. Prager found those women, including the youngest—Baby Roe—now fifty years old. She shares her story in The Family Roe for the first time, from her tortured interactions with her birth mother, to her emotional first meeting with her sisters, to the burden that was uniquely hers from conception. The Family Roe abounds in such revelations—not only about Norma and her children but about the broader “family” connected to the case. Prager tells the stories of activists and bystanders alike whose lives intertwined with Roe. In particular, he introduces three figures as important as they are unknown: feminist lawyer Linda Coffee, who filed the original Texas lawsuit yet now lives in obscurity; Curtis Boyd, a former fundamentalist Christian, today a leading provider of third-trimester abortions; and Mildred Jefferson, the first black female Harvard Medical School graduate, who became a pro-life leader with great secrets. An epic work spanning fifty years of American history, The Family Roe will change the way you think about our enduring American divide: the right to choose or the right to life.

Author : Philip B. Kurland
Publisher : Unknown
Page : 128 pages
File Size : 41,8 Mb
Release : 1990
Category : Electronic
ISBN : 155655172X

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Landmark Briefs and Arguments of the Supreme Court of the United States by Philip B. Kurland Pdf

Author : N. E. H. Hull,Peter Charles Hoffer
Publisher : Unknown
Page : 392 pages
File Size : 42,8 Mb
Release : 2010
Category : History
ISBN : STANFORD:36105215503066

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Roe V. Wade by N. E. H. Hull,Peter Charles Hoffer Pdf

This up-to-date history of Roe v. Wade covers the complete social and legal context of the case that remains the touchstone for America's culture wars.

Author : Jack M. Balkin
Publisher : Yale University Press
Page : 396 pages
File Size : 45,7 Mb
Release : 2020-11-24
Category : Law
ISBN : 9780300255782

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What Obergefell v. Hodges Should Have Said by Jack M. Balkin Pdf

Rewriting the Supreme Court’s landmark gay rights decision Jack Balkin and an all-star cast of legal scholars, sitting as a hypothetical Supreme Court, rewrite the famous 2015 opinion in Obergefell v. Hodges, which guaranteed same-sex couples the right to marry. In eleven incisive opinions, the authors offer the best constitutional arguments for and against the right to same-sex marriage, and debate what Obergefell should mean for the future. In addition to serving as Chief Justice of this imaginary court, Balkin provides a critical introduction to the case. He recounts the story of the gay rights litigation that led to Obergefell, and he explains how courts respond to political mobilizations for new rights claims. The social movement for gay rights and marriage equality is a powerful example of how—through legal imagination and political struggle—arguments once dismissed as “off-the-wall” can later become established in American constitutional law.

Author : Sarah Ragle Weddington
Publisher : Penguin Group
Page : 332 pages
File Size : 51,7 Mb
Release : 1993
Category : Biography & Autobiography
ISBN : UOM:39015063194040

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A Question of Choice by Sarah Ragle Weddington Pdf

On the 20th anniversary of the momentous Roe v. Wade decision, here is the engrossing story of the case by the attorney who successfully argued it in the Supreme Court--now with a new chapter on the current situation. B/W photos.

Author : Reva B. Siegel
Publisher : Unknown
Page : 390 pages
File Size : 44,7 Mb
Release : 2012
Category : Abortion
ISBN : 0615648215

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Before Roe V. Wade by Reva B. Siegel Pdf

"As the landmark Roe v. Wade decision reaches its 40th anniversary, abortion remains a polarizing topic on America's legal and political landscape. Blending history, culture, and law, Before Roe v. Wade eplores the roots of the conflict, recovering through original documents and first-hand accounts the voices on both sides that helped shape the climate in which the Supreme Court ruled. Originally published in 2010, this new edition includes a new Afterword that explores what the history of conflict before Roe teaches us about the abortion conflict we live with today. Examining the role of social movements and political parties, the authors cast new light on a pivotal chapter in American history and suggest how Roe v. Wade, the case, because Roe v. Wade, the symbol. "--Cover, p. 4.

Author : Clarke D. Forsythe
Publisher : Encounter Books
Page : 498 pages
File Size : 53,5 Mb
Release : 2013-10-14
Category : Law
ISBN : 9781594036927

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Abuse of Discretion by Clarke D. Forsythe Pdf

Based on 20 years of research, including an examination of the papers of eight of the nine Justices who voted in Roe v. Wade and Doe v. Bolton, Abuse of Discretion is a critical review of the behind-the-scenes deliberations that went into the Supreme Court's abortion decisions and how the mistakes made by the Justices in 1971-1973 have led to the turmoil we see today in legislation, politics, and public health. The first half of the book looks at the mistakes made by the Justices, based on the case files, the oral arguments, and the Justices’ papers. The second half of the book critically examines the unintended consequences of the abortion decisions in law, politics, and women’s health. Why do the abortion decisions remain so controversial after almost 40 years, despite more than 50,000,000 abortions, numerous presidential elections, and a complete turnover in the Justices? Why did such a sweeping decision—with such important consequences for public health, producing such prolonged political turmoil—come from the Supreme Court in 1973? Answering those questions is the aim of this book. The controversy over the abortion decisions has hardly subsided, and the reasons why are to be found in the Justices’ deliberations in 1971-1972 that resulted in the unprecedented decision they issued. Discuss Abuse of Discretion on Twitter using hashtag #AbuseOfDiscretion.

Author : Emily M. Calhoun
Publisher : Oxford University Press
Page : 185 pages
File Size : 50,6 Mb
Release : 2011-04-06
Category : Law
ISBN : 9780195399745

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Losing Twice by Emily M. Calhoun Pdf

Constitutional 'losers' represent a thorny and longstanding problem in American constitutional law. Here, Emily Calhoun draws upon conflict resolution theory, political theory, and Habermasian discourse theory to argue that in such cases, the Court must work harder to avoid inflicting unnecessary harm on Constitutional losers.

Author : Gerald N. Rosenberg
Publisher : University of Chicago Press
Page : 541 pages
File Size : 47,8 Mb
Release : 2008-09-15
Category : Political Science
ISBN : 9780226726687

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The Hollow Hope by Gerald N. Rosenberg Pdf

In follow-up studies, dozens of reviews, and even a book of essays evaluating his conclusions, Gerald Rosenberg’s critics—not to mention his supporters—have spent nearly two decades debating the arguments he first put forward in The Hollow Hope. With this substantially expanded second edition of his landmark work, Rosenberg himself steps back into the fray, responding to criticism and adding chapters on the same-sex marriage battle that ask anew whether courts can spur political and social reform. Finding that the answer is still a resounding no, Rosenberg reaffirms his powerful contention that it’s nearly impossible to generate significant reforms through litigation. The reason? American courts are ineffective and relatively weak—far from the uniquely powerful sources for change they’re often portrayed as. Rosenberg supports this claim by documenting the direct and secondary effects of key court decisions—particularly Brown v. Board of Education and Roe v. Wade. He reveals, for example, that Congress, the White House, and a determined civil rights movement did far more than Brown to advance desegregation, while pro-choice activists invested too much in Roe at the expense of political mobilization. Further illuminating these cases, as well as the ongoing fight for same-sex marriage rights, Rosenberg also marshals impressive evidence to overturn the common assumption that even unsuccessful litigation can advance a cause by raising its profile. Directly addressing its critics in a new conclusion, The Hollow Hope, Second Edition promises to reignite for a new generation the national debate it sparked seventeen years ago.

Author : David Boonin
Publisher : Oxford University Press
Page : 304 pages
File Size : 41,6 Mb
Release : 2019-02-01
Category : Philosophy
ISBN : 9780190904852

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Beyond Roe by David Boonin Pdf

Most arguments for or against abortion focus on one question: is the fetus a person? In this provocative and important book, David Boonin defends the claim that even if the fetus is a person with the same right to life you and I have, abortion should still be legal, and most current restrictions on abortion should be abolished. Beyond Roe points to a key legal precedent: McFall v. Shimp. In 1978, an ailing Robert McFall sued his cousin, David Shimp, asking the court to order Shimp to provide McFall with the bone marrow he needed. The court ruled in Shimp's favor and McFall soon died. Boonin extracts a compelling lesson from the case of McFall v. Shimp--that having a right to life does not give a person the right to use another person's body even if they need to use that person's body to go on living-and he uses this principle to support his claim that abortion should be legal and far less restricted than it currently is, regardless of whether the fetus is a person. By taking the analysis of the right to life that Judith Jarvis Thomson pioneered in a moral context and applying it in a legal context in this novel way, Boonin offers a fresh perspective that is grounded in assumptions that should be accepted by both sides of the abortion debate. Written in a lively, conversational style, and offering a case study of the value of reason in analyzing complex social issues, Beyond Roe will be of interest to students and scholars in a variety of fields, and to anyone interested in the debate over whether government should restrict or prohibit abortion.

Author : Michael Stokes Paulsen,Luke Paulsen
Publisher : Hachette UK
Page : 384 pages
File Size : 50,9 Mb
Release : 2017-01-03
Category : Law
ISBN : 9780465093298

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The Constitution by Michael Stokes Paulsen,Luke Paulsen Pdf

From war powers to health care, freedom of speech to gun ownership, religious liberty to abortion, practically every aspect of American life is shaped by the Constitution. This vital document, along with its history of political and judicial interpretation, governs our individual lives and the life of our nation. Yet most of us know surprisingly little about the Constitution itself, and are woefully unprepared to think for ourselves about recent developments in its long and storied history. The Constitution: An Introduction is the definitive modern primer on the US Constitution. Michael Stokes Paulsen, one of the nation's most provocative and accomplished scholars of the Constitution, and his son Luke Paulsen, a gifted young writer and lay scholar, have combined to write a lively introduction to the supreme law of the United States, covering the Constitution's history and meaning in clear, accessible terms. Beginning with the Constitution's birth in 1787, Paulsen and Paulsen offer a grand tour of its provisions, principles, and interpretation, introducing readers to the characters and controversies that have shaped the Constitution in the 200-plus years since its creation. Along the way, the authors provide correctives to the shallow myths and partial truths that pervade so much popular treatment of the Constitution, from school textbooks to media accounts of today's controversies, and offer powerful insights into the Constitution's true meaning. A lucid and engaging guide, The Constitution: An Introduction provides readers with the tools to think critically and independently about constitutional issues -- a skill that is ever more essential to the continued flourishing of American democracy.

Author : Carole E. Joffe
Publisher : Beacon Press
Page : 272 pages
File Size : 50,8 Mb
Release : 1996-08-31
Category : Social Science
ISBN : 0807021016

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Doctors of Conscience by Carole E. Joffe Pdf

The real story of the medical campaign against abortionthrough the eyes of pro-choice physicians. The real story of the medical campaign against abortionthrough the eyes of pro-choice physicians. Read more from Beacon Press author Carole Joffe on RHrealitycheck.org "Well-researched and clearly written. . . Provides a compelling narrative of the dedication of doctors who have braved society's continuing ambivalence toward women's right to choose." —K. Kaufmann, San Francisco Examiner-Chronicle A fabulous read. . . intense and absorbing. —Marge Berer, Women's Review of Books