Roe v. Dobbs : the past, present, and future of a constitutional right to abortion Cover Image

Book

Roe v. Dobbs : the past, present, and future of a constitutional right to abortion / edited by Lee C. Bollinger and Geoffrey R. Stone.

Bollinger, Lee C., 1946- (editor.). Stone, Geoffrey R., (editor.).

Summary:

"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." -- Publisher's description

Record details

ISBN: 9780197760352
ISBN: 019776035X
ISBN: 9780197760369
ISBN: 0197760368
Physical Description: xxiv, 474 pages ; 24 cm
Publisher: New York, NY : Oxford University Press, [2024]
Copyright: ©2024

Content descriptions

Bibliography, etc. Note:

Includes bibliographical references (pages 341-450) and index.

Formatted Contents Note:

Opening dialogue / Lee C. Bollinger and Geoffrey R. Stone -- Part I. The Supreme Court : Roe v. Dobbs. Liberal critics of Roe / David A. Strauss ; Equality emerges as a ground for abortion rights in and after Dobbs / Cary Franklin and Reva Siegel -- Part II. Close readings of Roe. Why was Roe v. Wade wrong? / Jonathan F. Mitchell ; Justice Blackmun got it right in Roe v. Wade / Erwin Chemerinsky -- Part III. The path from Roe to Dobbs. Abortion, partisan entrenchment, and the Republican Party / Jack M. Balkin ; Some realism about precedent in the wake of Dobbs / Michael W. McConnell -- Part IV. Close readings of Dobbs. The Dobbs gambit : gaslighting at the highest level / Khiara M. Bridges ; Dobbs and the travails of due process traditionalism / Cass R. Sunstein ; Should gradualism have prevailed in Dobbs? / Richard M. Re ; Dobbs's democratic deficits / Melissa Murray and Katherine Shaw -- Part V. Historical perspectives. The failure of Dobbs : the entanglement of abortion bans, criminalized pregnancies, and forced family separation / Dorothy Roberts ; A requiem for Roe : when property has no privacy / Michele Bratcher Goodwin ; Where history fails / Nancy F. Cott ; How contraception and abortion got divorced / Linda Gordon ; The anti-abortion movement and the punishment prerogative / Mary Ziegler -- Part VI. International perspectives. Abortion policy aimed at promoting life as much as possible / Mark Tushnet ; American exceptionalism and the comparative constitutional law of abortion / Tom Ginsburg -- Part VII. Implications for the future. Reproductive technologies and embryo destruction after Dobbs / I. Glenn Cohen ; Dobbs and our privacies / Aziz Z. Huq and Rebecca Wexler ; The unraveling : what Dobbs may mean for contraception, liberty, and constitutionalism / Martha Minow -- Closing dialogue / Lee C. Bollinger and Geoffrey R. Stone.