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What Roe v. Wade Should Have Said – The Nation`s Top Legal Experts Rewrite America`s Most Controversial Decision, Revised Edition

Autor Jack M. Balkin
en Limba Engleză Paperback – 16 ian 2023

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.

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Specificații

ISBN-13: 9781479823109
ISBN-10: 1479823104
Pagini: 344
Dimensiuni: 168 x 228 x 20 mm
Greutate: 0.48 kg
Editura: Wiley

Notă biografică


Recenzii

“Brings together some of America’s 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
—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“This array of intelligent and serious alternatives to the Court's stunningly inadequate opinion in Roe v. Wade --some reaching the same, some the opposite conclusion, some in between --is the most convincing argument against any litmus test on this subject either way for future Supreme Court Justices.”
—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
"Brings together some of America's 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." --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"This array of intelligent and serious alternatives to the Court's stunningly inadequate opinion in Roe v. Wade --some reaching the same, some the opposite conclusion, some in between --is the most convincing argument against any litmus test on this subject either way for future Supreme Court Justices." --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

Descriere

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Taking positions both for and against abortion, 11 distinguished constitutional scholars rewrite the Supreme Court's opinions in this landmark case in light of 30 years of experience, offering illuminating arguments that get to the heart of the case, but making use only of sources available at the time of the original decision.