The Corner

Roe & The C.W.

Ramesh’s post below illustrates the contradictions in the conventional wisdom on the state of abortion jurisprudence. On the one hand, it is often argued, Roe and subsequent Supreme Court decisions only protect early-term abortions from regulation. On the other hand, any restriction on abortion, no matter how minor, is assailed as a repudiation of Roe threatening women’s equality, etc. Obviously, these assertions cannot both be right. But are they both wrong?

Jonathan H. Adler is the Johan Verheij Memorial Professor of Law at Case Western Reserve University School of Law. His books include Business and the Roberts Court and Marijuana Federalism: Uncle Sam and Mary Jane.
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