Roe v. Wade and Planned Parenthood v. Casey hang by the thin thread of “reliance.” Chip away at Casey’s assertion that women rely on abortion for their participation in economic and social life, and there is not much left of the cases that have distorted constitutional interpretation and held U.S. politics hostage for nearly 50 years.
The basic assumption underlying Casey’s account of “reliance interests” is that children are an impediment to women’s equality. To be the equals of men, women need to engage in market work at the same rate and pace as men do. But the market requires unencumbered …
This article appears as “False Reliance” in the November 29, 2021, print edition of National Review.
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