The wages of crying wolf: a comment on Roe v. Wade.
@article{Ely1973TheWO,
title={The wages of crying wolf: a comment on Roe v. Wade.},
author={John Hart Ely},
journal={The Yale law journal},
year={1973},
volume={82 5},
pages={
920-49
},
url={https://api.semanticscholar.org/CorpusID:27546920}
}In Roe v. Wade, the Supreme CourtJustice Blackmun speaking for everyone but Justices White and Rehnquist-held unconstitutional Texas's (and virtually every other state's) criminal abortion statute.
129 Citations
An Introduction to Ironic Freedom
- 2013
Law, Political Science
Amonth before the 2012 general election, prospects looked good for Question 2, the “Death with Dignity” initiative on the Massachusetts ballot. It would have legalized physician-assisted suicide,…
Lochner, Lawrence, and Liberty
- 2011
Law, Philosophy
Many of the states of the United States have statutes, constitutional provisions, and court decisions that deny individuals the right to have a family, specifically a spouse and children, based on…
Accusing Justice: Some Variations on the Themes of Robert M. Cover's Justice Accused
- 1989
Law, History
In 1968, a young Robert Cover wrote what he later called a “short polemic” against judicial complicity in the Vietnam War. “Polemic” is something of an understatement. Cover's short book review of an…
The Paradox of Paternalism and Laissez-Faire Constitutionalism: United States Supreme Court, 1888–1921
- 1987
Law, History
In 1898, the year Americans first sailed forth to fight in other countries to protect purported victims of imperialism, A. V. Dicey steamed into Harvard University to deliver his lectures on Law and…
“Sound Law and Undoubtedly Good Policy”: Roe v. Wade in Comparative Perspective
- 1995
Law, Political Science
The abortion reform processes in the US, the UK, and Australia are traced to reveal the underlying rhetoric and policy rationales which served to fuel abortion reform and imbues the abortion debate with a certain ambiguity.
Hobby Lobby: The Crafty Case that Threatens Women's Rights and Religious Freedom
- 2015
Law
In the name of religious freedom, the Supreme Court authorized the Green family, the Christian owners of the Hobby Lobby corporation, to impose their religious faith upon their female employees…
The liberal critique of the harm principle
- 1998
Law, Philosophy
As conceived by J.S. Mill, the harm principle holds that "[t]he only purpose for which power can be rightfully exercised over any member of a civilised community, against his will, is to prevent harm…
Electioneering Communication Versus Abortion
- 2004
Law, Political Science
205 THE UNITED STATES CONSTITUTION expressly mandates that “Congress shall make no law . . . abridging the freedom of speech . . . or the right of the people peaceably to assemble, and to petition…
What Are Constitutional Rights For? The Case of the Second Amendment
- 2015
Law
District of Columbia v. Heller – the Supreme Court’s 2008 Second Amendment decision – was the occasion for a momentous national conversation that never happened. Heller sparked heated debates about…
Meet me at the (West Coast) Hotel: the Lochner era and the demise of Roe v. Wade.
- 2007
Law
This Note argues the Casey Court failed to examine whether the "facts" about abortion had actually changed since Roe, warranting its reversal, and compares the Lochner-era cases to the abortion cases, claiming that they provide a model for overturning Roe.
8 References
Toward a Political Supreme Court
- 1969
Political Science
Obviously the Supreme Court is more than the nine individuals gowned in black and ensconced in the marble palace in Washington. Like the Presidency and the Congress, the Court must be viewed as an…