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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.
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.
From the back-alley clinics of illegal abortionists to the behind-the scene deliberations of the Supreme Court justices, Roe v. Wade is a riveting history of the thorniest ethical debate ever brought before the Supreme Court. this is the bull story behind the struggle of two lawyers, Sarah Weddington and Linda Coffee and their unwed, unemployed, pregnant client Norma McCorvey. In this updated edition Faux details recent challengesand erosions to the decision--including parental consent laws and bans on partial-birth abortions--and illuminates how the ruling has impacted public attitudes and policy.
When a young Dallas woman - known publicly as Jane Roe - was denied the right to terminate her pregnancy, she found a lawyer who would take her case all the way to the Supreme Court. Roe's lawyer charged that the Texas law that made having or performing an abortion a criminal act violated the First, Fourth, Fifth, Ninth, and Fourteenth Amendments. In 1973, after four years in the court system, Roe's case was decided. According to Justice Harry Blackmun, The right of privacy, whether it be founded in the Fourteenth Amendment's concept of personal liberty and restrictions on state action...or...in the Ninth Amendment's reservation of rights to the people, is broad enough to encompass a woman's decision to terminate her pregnancy. Thus, all state laws outlawing abortion were overturned. Perhaps the Court's most controversial case, 410 U.S. 113 continues to incite debate, fuel emotions, and influence political campaigns and elections. Roe v. Wade offers a comprehensive history of this polemical decision, supplementing lucidly written text with full-color photographs, detailed footnotes, biographies, and more.
A thrilling, behind-the-scenes account of the revolutionary Roe v. Wade Supreme Court ruling. The Justices Behind Roe V. Wade offers a front-row seat to the inner workings of the Supreme Court that led to the monumental Roe v. Wade decision. Spanning from 1969 to 1972, Pulitzer Prize–winning author Bob Woodward and coauthor Scott Armstrong report on the masterful maneuvering and politicking that affected the court’s decisions and created obstacles for the landmark ruling. Abridged from the #1 bestseller The Brethren, this is an exquisite work of reporting on one of the most important rulings of the United States.
Building from Pieklo's Crow After Roe, this book expands and updates those chapters detailing anti-abortion model legislation meant to challenge Roe v. Wade and includes additional chapters highlighting new threats to abortion rights since 2013.
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.
A riveting look at the extraordinary and tumultuous history of abortion rights in the United States from the 19th century to the landmark case of Roe v. Wade, by award-winning author and journalist Karen Blumenthal. Tracing the path to the pivotal decision in Roe v. Wade and the continuing battle for women's rights, Blumenthal examines, in a straightforward tone, the root causes of the current debate around abortion and its repercussions that have rippled through generations of American women. This urgent book is the perfect tool to facilitate discussion and awareness of a topic that affects each and every person in the United States.
Roe's privacy rationale inspired left-leaning movements unrelated to abortion--around sexual orientation, class, gender, race, disability, and patient rights. But groups on the right used it as well, to attack government involvement in American life. Mary Ziegler's analysis shows that privacy belongs to no party or cause.