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

"1141739790"
What Roe v. Wade Should Have Said: The Nation's Top Legal Experts Rewrite America's Most Controversial Decision, Revised Edition
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.

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

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

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

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

Paperback

$23.95 
  • SHIP THIS ITEM
    Qualifies for Free Shipping
  • PICK UP IN STORE
    Check Availability at Nearby Stores

Related collections and offers


Overview

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.


Product Details

ISBN-13: 9781479823109
Publisher: New York University Press
Publication date: 01/17/2023
Pages: 344
Sales rank: 498,015
Product dimensions: 6.00(w) x 9.00(h) x (d)

About the Author

Jack M. Balkin is Knight Professor of Constitutional Law and the First Amendment at Yale Law School, and the Founder and Director of Yale’s Information Society Project. He is the author of numerous books, including The Cycles of Constitutional Time, and the editor of What Brown v. Board of Education Should
Have Said.
He lives in Branford, Connecticut..

Table of Contents

Preface
Part I: Introduction
Roe v.Wade: An Engine of Controversy
Jack M. Balkin
Part II: Revised Opinions in Roe v.Wade and Doe v. Bolton
Jack M. Balkin (judgment of the Court)
Reva B. Siegel (concurring)
Mark Tushnet (concurring)
Anita L. Allen (concurring in the judgment)
Jed Rubenfeld (concurring in the judgment except as to Doe)
Robin West (concurring in the judgment)
Cass R. Sunstein (concurring in the judgment)
Akhil Reed Amar (concurring in Roe, dissenting in Doe)
Jeffrey Rosen (dissenting)
Teresa Stanton Collett (dissenting)
Michael Stokes Paulsen (dissenting)
Photo Appendix to the Opinion of Michael Stokes Paulsen
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

What People are Saying About This

"What Roe v. Wade Should Have Said brings together some of America's brightest legal minds to make the best arguments available for and against the constitutional right to abortion. It recognizes and celebrates the diversity of American opinion about this vital issue by raising the level of debate, and allowing Americans to think for themselves about what their Constitution means. An exceptional volume and essential for anyone who wants to understand the constitutional debate about Roe."
--Nadine Strossen, President, American Civil Liberties Union, and Professor of Law, New York Law School

"This array of intelligent and serious alternatives to the Court's stunningly inadequate opinion in Roe v. Wade--some reaching the same, some the opposite conclusion, some in between--is the most convincing argument against any litmus test on this subject either way for future Supreme Court Justices."
--Charles Fried, Harvard Law School

"A remarkably wide-ranging exploration of arguments addressed to the issues decided in Roe v. Wade. Whatever beliefs you may hold concerning these issues, you will find those beliefs subjected to thoughtful--even passionate--challenge in at least one of these opinions."
--Kenneth L. Karst, UCLA School of Law

"What Roe v. Wade Should Have Said provides vigorous and diverse substitute opinions by leading scholars that broaden, deepen, and improve the current debates while sharpening what a supreme court can and cannot do on such a highly disputed matter."
--Martha Minow, Harvard Law School

From the Publisher

“Brings together some of America's brightest legal minds to make the best arguments available for and against the constitutional right to abortion. An exceptional volume and essential for anyone who wants to understand the constitutional debate about Roe.”
-Nadine Strossen,President, American Civil Liberties Union, and Professor of Law, New York Law School

“The interest of the whole lies precisely in its depiction within a single volume of where the debate stands.”l
-Federal Lawyer

,

“Reading Jack Balkin’s edited book, What Roe v. Wade Should Have Said, conjures up thoughts in the reader, like ‘darn, I wish I had thought of that.’“,
-The Law and Politics Book Review

,

“This array of intelligent and serious alternatives to the Court's stunningly inadequate opinion in Roe v. Wade —some reaching the same, some the opposite conclusion, some in between —is the most convincing argument against any litmus test on this subject either way for future Supreme Court Justices”
-Charles Fried,Harvard Law School

“Whatever beliefs you may hold concerning these issues, you will find those beliefs subjected to thoughtful—even passionate—challenge in at least one of these opinions.”
-Kenneth L. Karst,UCLA School of Law

From the B&N Reads Blog

Customer Reviews