Mirror of Justice

A blog dedicated to the development of Catholic legal theory.
Affiliated with the Program on Church, State & Society at Notre Dame Law School.

Tuesday, February 7, 2006

the effects of abortion on women and the demise of Roe v. Wade

I wanted to call attention to an interesting Note recently published at 90 Minn. L. Rev. 500 (2005). The title is "Meet Me at the (West Coast) Hotel: The Lochner Era and the Demise of Roe v. Wade." The author, Jason Adkins, notes Planned Parenthood v. Casey's emphasis that it was a changed understanding of the facts of economic and social life that led the Court to abandon economic substantive due process in the 1937 decision in West Coast Hotel v. Parrish. Adkins argues that the Court ought to use a similar logic and overturn Roe v. Wade because of the increasing evidence of the harmful effects of abortion on women and society. This focus on the real world consequences of abortion, as opposed to the "abortion as essential to the emancipation of women" ideology expressed in the last opinions of Justice Blackmun on this issue, is really useful.

Richard 

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