What Roe V Wade Should Have Said

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.

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.

Finalist for the 2022 Pulitzer Prize for General Nonfiction Finalist for the J. Anthony Lukas Book Prize Finalist for the National Book Critics Circle Award for Nonfiction One of NPR's Best Books of 2021 A New York Times Notable Book of 2021 One of TIME's 100 Must-Read Books of 2021 "The scope is sweeping, the writing is beautiful. It’s an epic story worthy of the impact this one case has had on the American psyche." —Michel Martin, NPR "Stupendous…. If you want to understand Roe more deeply before the coming decision, read it." —Peggy Noonan, Wall Street Journal A masterpiece of reporting on the Supreme Court’s most divisive case, Roe v. Wade, and the unknown lives at its heart. Despite her famous pseudonym, “Jane Roe,” no one knows the truth about Norma McCorvey (1947–2017), whose unwanted pregnancy in 1969 opened a great fracture in American life. Journalist Joshua Prager spent hundreds of hours with Norma, discovered her personal papers—a previously unseen trove—and witnessed her final moments. The Family Roe presents her life in full. Propelled by the crosscurrents of sex and religion, gender and class, it is a life that tells the story of abortion in America. Prager begins that story on the banks of Louisiana’s Atchafalaya River where Norma was born, and where unplanned pregnancies upended generations of her forebears. A pregnancy then upended Norma’s life too, and the Dallas waitress became Jane Roe. Drawing on a decade of research, Prager reveals the woman behind the pseudonym, writing in novelistic detail of her unknown life from her time as a sex worker in Dallas, to her private thoughts on family and abortion, to her dealings with feminist and Christian leaders, to the three daughters she placed for adoption. Prager found those women, including the youngest—Baby Roe—now fifty years old. She shares her story in The Family Roe for the first time, from her tortured interactions with her birth mother, to her emotional first meeting with her sisters, to the burden that was uniquely hers from conception. The Family Roe abounds in such revelations—not only about Norma and her children but about the broader “family” connected to the case. Prager tells the stories of activists and bystanders alike whose lives intertwined with Roe. In particular, he introduces three figures as important as they are unknown: feminist lawyer Linda Coffee, who filed the original Texas lawsuit yet now lives in obscurity; Curtis Boyd, a former fundamentalist Christian, today a leading provider of third-trimester abortions; and Mildred Jefferson, the first black female Harvard Medical School graduate, who became a pro-life leader with great secrets. An epic work spanning fifty years of American history, The Family Roe will change the way you think about our enduring American divide: the right to choose or the right to life.

"As the landmark Roe v. Wade decision reaches its 40th anniversary, abortion remains a polarizing topic on America's legal and political landscape. Blending history, culture, and law, Before Roe v. Wade eplores the roots of the conflict, recovering through original documents and first-hand accounts the voices on both sides that helped shape the climate in which the Supreme Court ruled. Originally published in 2010, this new edition includes a new Afterword that explores what the history of conflict before Roe teaches us about the abortion conflict we live with today. Examining the role of social movements and political parties, the authors cast new light on a pivotal chapter in American history and suggest how Roe v. Wade, the case, because Roe v. Wade, the symbol. "--Cover, p. 4.

Based on 20 years of research, including an examination of the papers of eight of the nine Justices who voted in Roe v. Wade and Doe v. Bolton, Abuse of Discretion is a critical review of the behind-the-scenes deliberations that went into the Supreme Court's abortion decisions and how the mistakes made by the Justices in 1971-1973 have led to the turmoil we see today in legislation, politics, and public health. The first half of the book looks at the mistakes made by the Justices, based on the case files, the oral arguments, and the Justices’ papers. The second half of the book critically examines the unintended consequences of the abortion decisions in law, politics, and women’s health. Why do the abortion decisions remain so controversial after almost 40 years, despite more than 50,000,000 abortions, numerous presidential elections, and a complete turnover in the Justices? Why did such a sweeping decision—with such important consequences for public health, producing such prolonged political turmoil—come from the Supreme Court in 1973? Answering those questions is the aim of this book. The controversy over the abortion decisions has hardly subsided, and the reasons why are to be found in the Justices’ deliberations in 1971-1972 that resulted in the unprecedented decision they issued. Discuss Abuse of Discretion on Twitter using hashtag #AbuseOfDiscretion.

Constitutional 'losers' represent a thorny and longstanding problem in American constitutional law. Here, Emily Calhoun draws upon conflict resolution theory, political theory, and Habermasian discourse theory to argue that in such cases, the Court must work harder to avoid inflicting unnecessary harm on Constitutional losers.

The spiritual/intellectual distance Roe falls below a Gandhi, a M.L. King, or many other symbolic persons is painfully obvious in her writing (we suppose Andy Meisler could write better but chose to retain the country flavor--or flatness). An un-heroic account of a very common lady swept along by outside forces. Annotation copyright by Book News, Inc., Portland, OR