A Comment on 'The Constitutional Law and Politics of Reproductive Rights'
Life and Learning XXII: The Proceedings of the Twenty-Second University Faculty for Life Conference, J. Koterski, ed., Forthcoming
17 Pages Posted: 10 Nov 2012
Date Written: July 9, 2012
Abstract
This paper is based on a talk that was given in June 2010 at the 20th annual conference of University Faculty for Life. The paper offers a commentary on recent scholarship relating to abortion.
One of the most interesting things about current legal scholarship is the continuing flow of articles reevaluating Roe v. Wade. For example, in 2009, the Yale Law Journal published several essays from a conference that dealt with “The Constitutional Law and Politics of Reproductive Rights.” These essays were all from the perspective of those favoring abortion rights.
I think these articles are quite instructive, and that pro-life scholars can learn a great deal from reading this scholarship. This paper reflects upon the principal lessons revealed through a careful reading of this scholarship. The articles indicate that Roe and Casey are still in play; these cases are not a settled part of the legal landscape. The articles, which typically suggest that the current law only protects a rather modest right to an abortion, also indicate that there is a continuing need to accurately describe the current legal situation. There is also a need to continue to focus on the harms of abortion — the harm to the unborn, of course, but also the harm to women. The articles also reflect a desire to move away from a focus on the courts. I think that is a sign of weakness for pro-choice academics but it also reflects the importance of trying to promote a culture of life while at the same time trying to change the law. There has of course been progress in both areas. The pro-life legal movement has made modest and important gains over the last two decades and there is an increasing pro-life sentiment in the broader culture. In sum, reflecting upon these articles leaves me with a sense of optimism about the long range objective of building a culture of life.
Keywords: abortion
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