View the Table of Contents. Read the Introduction.
aBrings together some of Americaas brightest legal minds to make
the best arguments available for and against the constitutional
right to abortion. An exceptional volume and essential for anyone
who wants to understand the constitutional debate about
"Roe,"a
--Nadine Strossen, President, American Civil Liberties Union, and
Professor of Law, New York Law School
"The interest of the whole lies precisely in its depiction
within a single volume of where the debate stands."
--"Federal Lawyer"
"Reading Jack Balkin's edited book, "What Roe v. Wade Should
Have Said," conjures up thoughts in the reader, like 'darn, I wish
I had thought of that.'"
--"The Law and Politics Book Review"
aThis array of intelligent and serious alternatives to the
Court's stunningly inadequate opinion in "Roe v. Wade" asome
reaching the same, some the opposite conclusion, some in between
ais the most convincing argument against any litmus test on this
subject either way for future Supreme Court Justices.a
--Charles Fried, Harvard Law School
"Whatever beliefs you may hold concerning these issues, you will
find those beliefs subjected to thoughtful--even
passionate--challenge in at least one of these opinions."
--Kenneth L. Karst, UCLA School of Law
""What Roe v. Wade Should Have Said" provides vigorous and
diverse substitute opinions by leading scholars that broaden,
deepen, and improve the current debates while sharpening what a
supreme court can and cannot do on such a highly disputed
matter."
--Martha Minow, Harvard Law School
"In an era in which it's entirely possible that someone else is
actually going to get to reimagine what"Roe v. Wade" should have
said, this book is an interesting fantasy excercise."
--"Bitch"
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 women had a constitutional right to safe and legal
abortions. Three decades later, Roe v. Wade remains one of the
Supreme Court's most controversial decisions, and political
struggles over abortion rights still divide American politics. Roe
has emerged as a central issue in federal judicial nominations,
becoming a powerful symbol in debates about judicial restraint,
judicial activism, and the proper role of courts in a democratic
society.
In "What Roe v. Wade Should Have Said," eleven distinguished
constitutional scholars rewrite the opinions in this landmark case
in light of thirty years of experience but making use only of
sources available at the time of the original decision. Taking
positions both for and against the constitutional right to
abortion, the contributors offer novel and illuminating arguments
that get to the heart of this fascinating case. In addition, Jack
Balkin gives a detailed introduction to "Roe v. Wade," chronicling
the history of the "Roe" litigation, the constitutional and
political clashes that followed it, and the state of abortion
rights in the U.S. today.
Contributing their versions of "Roe" are: Anita Allen, Akhil
Amar, Jack M. Balkin, Teresa Stanton Collett, Michael Stokes
Paulsen, Jeffrey Rosen, Jed Rubenfeld, Reva Siegel, Cass Sunstein,
Mark Tushnet, and Robin West.
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