With talk of the future of Roe v. Wade and the media's seeming implication that the only Supreme Court cases a new justice would rule on are abortion-related, Jack Balkin's new book, "What Roe v. Wade Should Have Said," is a must-read. Balkin, a professor at Yale Law School, creates a simple experiment: Establish a mock Supreme Court made up of leading constitutional scholars and ask, "How would you have written the Roe opinion in 1973 if you knew then what you know now?"
December 21, 2005 at 12:00 AM
1 minute read
The original version of this story was published on Law.Com
In honor of this country’s focus on Roe v. Wade and the media’s implication that the only Supreme Court cases a Justice Samuel Alito Jr. would rule on are abortion related, I sat down recently to read the late Justice Harry Blackmun’s 32-year-old decision.
It’s a rambling monstrosity, lacking coherency and any genuine basis in constitutional law. And this conclusion is from someone generally supportive of a woman’s right to an abortion.
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