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Roe and Beyond

Tinsley E. Yarbrough

in Harry A. Blackmun: The Outsider Justice

Published in print:
2008
Published Online:
March 2012
ISBN:
9780195141238
eISBN:
9780199851577
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195141238.003.0007
Subject:
Law, Legal History

In spite of how it was known to advocate a certain degree of civil liberty, the Warren Court limited its functions and guarantees to civil liberties to the rights mentioned within the Constitution. ... More


Abortion

Bonnie Steinbock

in Life Before Birth: The Moral and Legal Status of Embryos and Fetuses

Published in print:
2011
Published Online:
September 2011
ISBN:
9780195341621
eISBN:
9780199897131
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195341621.003.0010
Subject:
Philosophy, Moral Philosophy, Philosophy of Science

This identifies the major views on abortion and argue that the interest view is superior to them all. The conservative view ascribes moral status on a seemingly arbitrary feature, namely, species ... More


Is Roe Viable?

Laurie Shrage

in Abortion and Social Responsibility: Depolarizing the Debate

Published in print:
2003
Published Online:
November 2003
ISBN:
9780195153095
eISBN:
9780199870615
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/019515309X.003.0001
Subject:
Philosophy, Moral Philosophy

Examines criticisms and defenses of the “viability” criterion, which was introduced in Roe v. Wade to mark the cutoff for nontherapeutic abortions. The viability criterion opened a six‐month window ... More


Planned Parenthood v. Casey (1992) and the Persistence of the Abortion Issue

George Anastaplo

in Reflections on Life, Death, and the Constitution

Published in print:
2009
Published Online:
September 2011
ISBN:
9780813125336
eISBN:
9780813135243
Item type:
chapter
Publisher:
University Press of Kentucky
DOI:
10.5810/kentucky/9780813125336.003.0018
Subject:
Political Science, American Politics

This chapter explores the Planned Parenthood v. Casey case. It notes that many women during the decade after Roe v. Wade, got used to the notion that substantial access to abortions was a right they ... More


Defenders of the Unborn: The Pro-Life Movement before Roe v. Wade

Daniel K. Williams

Published in print:
2016
Published Online:
January 2016
ISBN:
9780199391646
eISBN:
9780199391677
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199391646.001.0001
Subject:
Religion, Religion and Society

This book traces the history of the campaign against abortion in the United States from the 1930s through the 1970s and argues that the pro-life movement (or anti-abortion movement) originated as a ... More


Abortion

Samantha Luks and Michael Salamone

in Public Opinion and Constitutional Controversy

Published in print:
2008
Published Online:
October 2011
ISBN:
9780195329414
eISBN:
9780199851720
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195329414.003.0005
Subject:
Political Science, American Politics

Although commentators may consider abortion to be the paradigmatic constitutional controversy, the survey data point to a public and constitutional jurisprudence largely in sync with one another. ... More


Roe and Casey

Lackland H. Bloom

in Do Great Cases Make Bad Law?

Published in print:
2014
Published Online:
April 2014
ISBN:
9780199765881
eISBN:
9780199366903
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199765881.003.0018
Subject:
Law, Legal History

Challenges to state restriction on abortion gave rise to at least two great cases. The Court’s decision in Roe v Wade in 1973, declaring that a right to privacy derived from the concept of liberty in ... More


The Christian Right and Contemporary Politics: A Movement at the Crossroads

Mark J. Rozell

in Crisis of Conservatism?: The Republican Party, the Conservative Movement, and American Politics After Bush

Published in print:
2011
Published Online:
September 2011
ISBN:
9780199764013
eISBN:
9780199897186
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199764013.003.0006
Subject:
Political Science, American Politics

The contemporary Christian Right movement first mobilized into U.S. politics in the 1970s and has since moved through distinct phases of its political development. This chapter describes and analyzes ... More


The Moral Anonymity of Embryos: The American Case

Anja J. Karnein

in A Theory of Unborn Life: From Abortion to Genetic Manipulation

Published in print:
2012
Published Online:
September 2012
ISBN:
9780199782475
eISBN:
9780199933297
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199782475.003.0003
Subject:
Law, Philosophy of Law

This Chapter explores to what extent the Personhood Dependent Principle (PDP) as it is developed in Chapter One is an attractive solution for pro-choice advocates and supporters of research that ... More


After Roe

Daniel K. Williams

in Defenders of the Unborn: The Pro-Life Movement before Roe v. Wade

Published in print:
2016
Published Online:
January 2016
ISBN:
9780199391646
eISBN:
9780199391677
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199391646.003.0010
Subject:
Religion, Religion and Society

This chapter traces the pro-life movement’s conservative shift in the late 1970s. After Roe v. Wade, pro-life organizations made a Human Life Amendment their top priority, but most nationally ... More


Facts in Constitutional Cases

David L. Faigman

in Constitutional Fictions: A Unified Theory of Constitutional Facts

Published in print:
2008
Published Online:
January 2009
ISBN:
9780195341270
eISBN:
9780199866878
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195341270.003.0001
Subject:
Law, Constitutional and Administrative Law

This chapter provides an introduction to the pivotal role facts play in both the interpretation and application of the Constitution. It considers two basic areas of the Supreme Court's modern ... More


Constitutional and Other Persons

Gerard V. Bradley

in Reason, Morality, and Law: The Philosophy of John Finnis

Published in print:
2013
Published Online:
May 2013
ISBN:
9780199675500
eISBN:
9780191757228
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199675500.003.0017
Subject:
Law, Philosophy of Law

Since 1954, when the Supreme Court declared that segregated schools were ‘inherently unequal’, no proposition of American constitutional law has been more important than the Roe Court's assertion ... More


National Battle

Daniel K. Williams

in Defenders of the Unborn: The Pro-Life Movement before Roe v. Wade

Published in print:
2016
Published Online:
January 2016
ISBN:
9780199391646
eISBN:
9780199391677
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199391646.003.0009
Subject:
Religion, Religion and Society

In 1972, pro-lifers were winning in state legislatures, but because of the feminist movement, the sexual revolution, and other cultural changes, their cause was rapidly losing ground in public ... More


Abortion and Social Responsibility: Depolarizing the Debate

Laurie Shrage

Published in print:
2003
Published Online:
November 2003
ISBN:
9780195153095
eISBN:
9780199870615
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/019515309X.001.0001
Subject:
Philosophy, Moral Philosophy

This book argues that Roe v. Wade's six‐month time span for abortion “on demand” polarized the American public, and obscured alternatives that could have gained broad public support. As ... More


Living through Some Giant Change: The Establishment of Abortion Services

Johanna Schoen

in Abortion After Roe

Published in print:
2015
Published Online:
May 2016
ISBN:
9781469621180
eISBN:
9781469623344
Item type:
chapter
Publisher:
University of North Carolina Press
DOI:
10.5149/northcarolina/9781469621180.003.0001
Subject:
History, Social History

This chapter discusses how the development of vacuum aspiration and the Roe v. Wade decision led to the establishment of freestanding abortion clinics. Abortion clinics followed one of two models: ... More


. Roe v. Wade (1973) and the Law of Abortion

George Anastaplo

in Reflections on Life, Death, and the Constitution

Published in print:
2009
Published Online:
September 2011
ISBN:
9780813125336
eISBN:
9780813135243
Item type:
chapter
Publisher:
University Press of Kentucky
DOI:
10.5810/kentucky/9780813125336.003.0017
Subject:
Political Science, American Politics

This chapter examines two abortion-related cases, one from Texas and the other from Georgia, which were decided on January 22, 1973, by the United States Supreme Court. It states that the rulings of ... More


‘Public Reason’ and Moral Debate

John Finnis

in Reason in Action: Collected Essays Volume I

Published in print:
2011
Published Online:
September 2011
ISBN:
9780199580057
eISBN:
9780191729379
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199580057.003.0017
Subject:
Law, Philosophy of Law

This chapter provides a close study and critique of Rawls's conception of public reason. ‘Public reason’ can summarily convey four sound elements of classical political thought as found in Aquinas, ... More


Introduction

Johanna Schoen

in Abortion After Roe

Published in print:
2015
Published Online:
May 2016
ISBN:
9781469621180
eISBN:
9781469623344
Item type:
chapter
Publisher:
University of North Carolina Press
DOI:
10.5149/northcarolina/9781469621180.003.0008
Subject:
History, Social History

The introduction briefly chronicles women’s reproductive experiences prior to the legalization of abortion and situates the legalization of abortion into the context of the emerging women’s health ... More


Abortion

Lucas A. Powe Jr.

in America's Lone Star Constitution: How Supreme Court Cases from Texas Shape the Nation

Published in print:
2018
Published Online:
September 2018
ISBN:
9780520297807
eISBN:
9780520970014
Item type:
chapter
Publisher:
University of California Press
DOI:
10.1525/california/9780520297807.003.0011
Subject:
Political Science, American Politics

This chapter examines Supreme Court cases that were filed over the issue of abortion in Texas. Texas figured in two of the three major decisions on abortion laws in the United States: Roe v. Wade and ... More


Liberty, Equality, and Abortion

Laurie Shrage

in Abortion and Social Responsibility: Depolarizing the Debate

Published in print:
2003
Published Online:
November 2003
ISBN:
9780195153095
eISBN:
9780199870615
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/019515309X.003.0002
Subject:
Philosophy, Moral Philosophy

The standard civil liberty defenses of a woman's right to abort involve principles that justify a right somewhat narrower than the right defined by Roe v. Wade. In particular, freedom from social ... More


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