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... 's or fetus's moral entitlement to be regarded as human life changes with its stage of development. (This is the form of Roe's argument, too.) The contention that the same independent living being is not entitled to the moral status otherwise accorded ... of modern liberal constitutional law. It is a project that today is driven, in large measure, by the desperate desire to validate Roe. Five years ago, about the same time "Balkinization" was being born, I participated in a conference (now a book) ...

... down their guard, relying on the Court's decision for protection rather than continuing to mobilize politically. In addition, Roe enabled some politicians to shift their stance toward opposing abortion, secure in the knowledge that the Court's decision would render any antiabortion legislation purely symbolic. Finally, a Court ruling such as Roe may shift the political dynamics of an issue by ensuring that a different set of images/examples becomes salient. When abortion was largely ...

... consider how citizen engagement in constitutional contestation can contribute to social cohesion in a normatively heterogeneous polity. Roe symbolizes the fears of those who counsel courts to avoid controversy. Legal scholars and political commentators commonly ... presents normative questions analogous to those posed by accommodating resistance to Brown. The article concludes by illustrating how the themes of Roe rage have recently found expression in the Supreme Court's opinion in Carhart. And some ...

... Senate in 1980 were considerably helped along by the energies of the "right-to-life" movement. Levinson's account of the whole Roe saga is a rather interesting take on an overlooked issue although he concludes that "with the 1993 retirement of White and his ... with a .edu email address get free access to the whole TimesSelect package. To find contemporary analysis of the Roe decision, I specifically searched for 'abortion court' and found a number of hits that dealt with the political and policy ...

... most states have a number of laws regulating abortion that were passed post-Roe, such as parental notice or consent laws, mandatory waiting periods, post-viability ... some states have so-called "trigger" laws saying that if and when Roe is overruled, abortion will become illegal (or legal only in certain circumstances) in the state. And ... version thereof, might prevent their enforcement, especially given that such pre-Roe laws in many cases would not garner a majority of the present-day legislatures ...

... but Palin jumped right to the political effect of the decision and the usual notions about the benefits of federalism. (Note: Without Roe, Congress would have the opportunity and the incentive to pass laws either limiting, banning, or preserving abortion, ... has been carefully thought out and is exceedingly important to Palin and others. (Note: I support abortion rights.) Roe stands apart from everything else because it entails what Palin, I presume, sees as a profound moral wrong: the continuing ...

... , must agree, since they keep trying to mount a full frontal challenge to Roe through legislation intended to form the basis for a test case before the Supreme Court. ... think this is going to work? Of course, anyone can count the votes and conclude that Roe is most likely not currently in danger. But Justice Stevens is no spring ... to go there? My guess is that the conservative wing of the Court would like to see Roe overruled but is not likely to put itself in a position to vote that way anytime ...

Yet another reason why I believe Cass Sunstein is unfit to serve in an Obama Administration, his "defense" of Roe: Those who seek to preserve the right to choose ought to be prepared to make some distinctions. As it was written in 1973, Roe ... stable only because of the principle of stare decisis, which means that in general, the Court should respect its own precedents. To Sunstein, Roe is only defensible as an act of stare decisis. Thus, on a woman's right to privacy and to choose, he is like Chief ...

... not been able to do what the GOP platform claims to want to do: overturn Roe. And the non-dumb-luck explanation for that is that the right wing is brilliant-carefully choosing ... Republican Party was for a long time-and perhaps still is-internally divided on the merits of Roe. Liberal Republican, pro-choice northeasterners are not hard to find even still. ... come out just this way, appointing just enough justices who would oppose Roe in their dissents to make it look good while never quite going all ...

... and originalism, maybe it is worth mentioning -- today being the 34th anniversary of Roe v. Wade -- Balkin's book, "What Roe Should Have Said." And, it might also be worth noting Professor Fallon's recent lecture, "If Roe Were Overturned: Abortion and the Constitution in a post-Roe World." As we all know, John Hart Ely ... and even Chief Justice Rehnquist reconciled himself to Miranda, but both sides are still marching in the streets over Roe. What does this mean? UPDATE: Balkin has a long, ...