Add to ORKGRoe v. Wade grounds constitutional protections for women’s decision whether to end a pregnancy in the Due Process Clauses. But in the four decades since Roe, the U.S. Supreme Court has come to recognize the abortion right as an equality right as well as a liberty right. In this Essay, we describe some distinctive features of equality arguments for abortion rights. We then show how, over time, the Court and individual Justices have begun to employ equality arguments in analyzing the constitutionality of abortion restrictions. These arguments first appear inside of substantive due process case law, and then as claims on the Equal Protection Clause. Finally, we explain why there may be independent political significance in grounding abort...
This Article explores equality-based arguments for abortion rights, revealing both their necessity a...
In two paragraphs at the beginning of Dobbs v. Jackson Women’s Health Organization, the Supreme Cour...
In Roe v. Wade, the Supreme Court held that women have a right to abortion under the Due Process Cla...
Roe v. Wade grounds constitutional protections for women’s decision whether to end a pregnancy in t...
Roe v. Wade grounds constitutional protections for women’s decision whether to end a pregnancy in th...
Roe v. Wade grounds constitutional protections for women’s decision whether to end a pregnancy in t...
Roe v. Wade grounds constitutional protections for women’s decision whether to end a pregnancy in th...
This Note is a response to the United States Supreme Court\u27s Continuing erosion of the fundamenta...
In May 2021, the Supreme Court granted certiorari in a case designed to overrule Roe v. Wade. The as...
The constitutional right to abortion was first recognized nearly five decades ago, and the Supreme C...
Mark Graber looks at the history of abortion law in action to argue that the only defensible, consti...
Mark Graber looks at the history of abortion law in action to argue that the only defensible, consti...
Abortion is one of the most controversial and contentious issues of our time. Few topics generate as...
This Article explores equality-based arguments for abortion rights, revealing both their necessity a...
In two paragraphs at the beginning of Dobbs v. Jackson Women’s Health Organization, the Supreme Cour...
This Article explores equality-based arguments for abortion rights, revealing both their necessity a...
In two paragraphs at the beginning of Dobbs v. Jackson Women’s Health Organization, the Supreme Cour...
In Roe v. Wade, the Supreme Court held that women have a right to abortion under the Due Process Cla...
Roe v. Wade grounds constitutional protections for women’s decision whether to end a pregnancy in t...
Roe v. Wade grounds constitutional protections for women’s decision whether to end a pregnancy in th...
Roe v. Wade grounds constitutional protections for women’s decision whether to end a pregnancy in t...
Roe v. Wade grounds constitutional protections for women’s decision whether to end a pregnancy in th...
This Note is a response to the United States Supreme Court\u27s Continuing erosion of the fundamenta...
In May 2021, the Supreme Court granted certiorari in a case designed to overrule Roe v. Wade. The as...
The constitutional right to abortion was first recognized nearly five decades ago, and the Supreme C...
Mark Graber looks at the history of abortion law in action to argue that the only defensible, consti...
Mark Graber looks at the history of abortion law in action to argue that the only defensible, consti...
Abortion is one of the most controversial and contentious issues of our time. Few topics generate as...
This Article explores equality-based arguments for abortion rights, revealing both their necessity a...
In two paragraphs at the beginning of Dobbs v. Jackson Women’s Health Organization, the Supreme Cour...
This Article explores equality-based arguments for abortion rights, revealing both their necessity a...
In two paragraphs at the beginning of Dobbs v. Jackson Women’s Health Organization, the Supreme Cour...
In Roe v. Wade, the Supreme Court held that women have a right to abortion under the Due Process Cla...