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

✍ Scribed by Jack M. Balkin (editor)

• Publisher: New York University Press
• Year: 2023
• Tongue: English
• Leaves: 338
• Category: Library

✦ Synopsis

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.

✦ Table of Contents

Contents
Preface to the Revised Edition
Part I Introduction
Roe v. Wade: An Engine of Controversy
Part II Revised Opinions in Roe v. Wade and Doe v. Bolton
Chief Justice Balkin announced the judgment of the Court
Siegel, J., concurring
Tushnet, J., concurring
Allen, J., concurring in the judgement
Rubenfeld, J., concurring in the judgment except as to Doe
West, J., concurring in the judgement
Sunstein, J., concurring in the judgment
Amar, J., concurring in Roe, dissenting in Doe
Rosen, J., dissenting
Collett, J., dissenting
Paulsen, J., dissenting.
Comments from the Contributors
Appendix. The Constitution of the United States of America: Selected Provisions
Roe v. Wade: A Selected Bibliography
About the Contributors
Table of Cases
Index