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As the debate over the right to obtain an abortion in the United States rages on, 2023 marks the 50th anniversary of the landmark decision in
Roe v. Wade--overturned, of course, by the Supreme Court's decision in
Dobbs v. Jackson Women's Health in 2022. This book brings together some of the nation's leading experts in constitutional law, history, gender studies, and reproductive rights to examine the decisions in Dobbs and Roe, the Court's performance, and how this sets the stage for the decisions to come, not only on abortion. This is a critical moment in which to reflect on the past, present, and future of abortion regulations and legislation in the U.S.
Sommario
- Acknowledgments
- List of Contributors
- Dialogue
- Lee C. Bollinger and Geoffrey R. Stone
- Part One The Supreme Court: Roe v. Dobbs
- 1. Liberal Critics of Roe
- David A. Strauss
- 2. Equality Emerges as a Ground for Abortion Rights in and After Dobbs
- Cary Franklin and Reva Siegel
- Part Two Close Readings of Roe
- 3. Why Was Roe v. Wade Wrong?
- Jonathan Mitchell
- 4. Justice Blackmun Got it Right in Roe v. Wade
- Erwin Chemerinsky
- Part Three The Path from Roe to Dobbs
- 5. Abortion, Partisan Entrenchment, and the Republican Party
- Jack M. Balkin
- 6. Some Realism About Precedent, In the Wake of Dobbs
- Michael W. McConnell
- Part Four Close Readings of Dobbs
- 7. The Dobbs Gambit: Gaslighting at the Highest Level
- Khiara M. Bridges
- 8. Dobbs and the Travails of Due Process Traditionalism
- Cass R. Sunstein
- 9. Should Gradualism Have Prevailed in Dobbs?
- Richard M. Re
- 10. Dobbs' Democratic Deficits
- Melissa Murray and Katherine Shaw
- Part Five Historical Perspectives
- 11. The Failure of Dobbs: The Entanglement of Abortion Bans, Criminalized Pregnancies, and Forced Family Separation
- Dorothy Roberts
- 12. A Requiem For Roe: When Property Has No Privacy
- Michele Bratcher Goodwin
- 13. Where History Fails
- Nancy F. Cott
- 14. How Contraception and Abortion Got Divorced
- Linda Gordon
- 15. The Antiabortion Movement and the Punishment Prerogative
- Mary Ziegler
- Part Six International Perspectives
- 16. Abortion Policy Aimed at Promoting Life As Much As Possible
- Mark Tushnet
- 17. American Exceptionalism and the Comparative Constitutional Law of Abortion
- Tom Ginsburg
- Part Seven Implications for the Future
- 18. Reproductive Technologies and Embryo Destruction After Dobbs
- Glenn Cohen
- 19. Dobbs and Our Privacies
- Aziz Z. Huq and Rebecca Wexler
- 20. The Unraveling: What Dobbs May Mean for Contraception, Liberty, and Constitutionalism
- Martha Minow
- Closing Dialogue
- Lee C. Bollinger and Geoffrey R. Stone
Info autore
Lee C. Bollinger served as Columbia University's 19th president from 2002 to 2023. He is Seth Low Professor of the University, a member of the Columbia Law School faculty, and one of the nation's foremost First Amendment scholars.
Geoffrey R. Stone is the Edward H. Levi Distinguished Service Professor at the University of Chicago. Mr. Stone joined the faculty in 1973, after serving as a law clerk to Supreme Court Justice William J. Brennan, Jr. He is a preeminent constitutional law scholar.
Riassunto
With this volume, Roe v. Dobbs: The Past, Present and Future of a Constitutional Right of Abortion, we confront the remarkable beginning and end--once again, after a half-century-of the landmark Supreme Court decision in Roe v. Wade, shockingly overruled by the Court in Dobbs v. Jackson Women's Health Organization. The goal of this book is to bring together some of our nation's leading constitutional scholars, historians, philosophers, and medical experts to share their views on whether there should be a constitutional right to abortion and what the consequences of Dobbs might be.
What makes this subject unique is how it intersects with our own lives, since both Bollinger and Stone were law clerks at the Supreme Court in the year that Roe was decided (1973)--Stone for Justice William Brennan and Bollinger for Chief Justice Warren Burger. During the Court's 1972 Term, when Roe was decided, the Court was in a state of flux. President Nixon had just appointed four Justices to the Court--Burger, Blackmun, Powell, and Rehnquist. The era of the Warren Court was clearly over. In those days, the Justices were non-partisan, often joined opinions across the political/ideological spectrum, and approached cases with an open mind. That in large part explains why the Court could reach the decision it did in Roe, with five of the six Republican-appointed Justices and two of the three Democratic-appointed Justices in the majority, and one Republican-appointed justice (Rehnquist) and one Democratic-appointed justice (White) in dissent. It was a different Court and a different era.
Testo aggiuntivo
Roe v. Dobbs is essential reading for anyone who wants to understand public arguments about abortion after Dobbs. The arguments in this book, strong or weak, will be very influential in the media, in legislative hearings, and in courts. These are the post-Dobbs arguments for abortion, as well as the arguments for overturning Dobbs if the Supreme Court's composition changes in the future.
