What Roe V. Wade Should Have Said: The Nation's Top Legal


What Roe V. Wade Should Have Said: The Nation's Top Legal Experts Rewrite America's Most Controversial Decision ❮Reading❯ ➵ What Roe V. Wade Should Have Said: The Nation's Top Legal Experts Rewrite America's Most Controversial Decision ➭ Author Jack M. Balkin – Thomashillier.co.uk 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 V. Wade PDF ✓ In January the Supreme Court's opinion in Roe v Wade struck down most What Roe PDF or of the country's abortion laws and held for the first time that women had a Roe V. Wade eBook ¸ constitutional right to safe and legal abortions Three decades later Roe v Wade remains one Roe V. Wade Should Have MOBI :↠ of the Supreme Roe V. Wade Should Have MOBI :↠ 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 societyIn 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 US 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.


4 thoughts on “What Roe V. Wade Should Have Said: The Nation's Top Legal Experts Rewrite America's Most Controversial Decision

  1. Jen Jen says:

    I read this for a course on feminist legal theory and it was easily one of my favourite readings from the class If you read uickly through it though as I had to there's a limit on how much of the theory you can take in Thus I'm re reading it this summerIf you don't know much about the original arguments in Roe v Wade or aren't familiar with the legal jargon of case law you might want to have some references on hand while reading this to keep upI especially recommend this book for those who understand why Roe v Wade is actually on pretty shaky legal ground; Balkin's majority opinion and the other pro choice contributors provide really interesting and important alternative ways of looking at and framing reproductive and sexual freedom as guaranteed by the US Constitution The anti choice and partial concurrencepartial dissent contributors make interesting points as well; their value in my opinion comes from the identification of the weaknesses and counter arguments that the pro choice movement needs to be prepared for in creating a new legal basis for reproductive and sexual freedomThe premise provided for their contributions to the book that the contributors could only use case law and knowledge that was available in 1973 makes sense for the book's mission of suggesting doctrines of constitutional law that the decision should have been based on instead of a privacy doctrine What I'd really like to see from these contributors though are the opinions that would make up the decision in a modern day Roe v Wade what post 1973 case law would they rely on what recent scientific knowledge would be incorporated etcIn all though one of the best legal theory books I've read An exceptionally intelligent take on the nuanced complicated gray areas of constitutional law and reproductive freedom


  2. Claire Haldeman Claire Haldeman says:

    useful but hard to rate especially liked robin west’s opinion


  3. Kate Kate says:

    I learned a lot from reading all the fake opinions I thought it was worth reading to get a sense of all the different ways one could concur or dissent A better way to learn about the case would be to re read Roe itself Griswold Casey etc but this was still interesting


  4. Jen Jen says:

    Interesting but I didn't get anything out of it


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