Roe v. Dobbs: The Past, Present, and Future of a Constitutional Right to Abortion

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Lee C. Bollinger (President Emeritus and Seth Low Professor of the University, President Emeritus and Seth Low Professor of the University, Columbia University) Geoffrey Stone (Edward H. Levi Distinguished Professor of Law, Edward H. Levi Distinguished Professor of Law, Uninversity of Chicago)

Roe v. Dobbs

The Past, Present, and Future of a Constitutional Right to Abortion

Lee C. Bollinger (President Emeritus and Seth Low Professor of the University, President Emeritus and Seth Low Professor of the University, Columbia University), Geoffrey Stone (Edward H. Levi Distinguished Professor of Law, Edward H. Levi Distinguished Professor of Law, Uninversity of Chicago)

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English

Oxford University Press Inc
15 July 2024

Ethical issues: abortion & birth control; Constitutional & administrative law; Human rights & civil liberties law

With this volume, Roe v. Dobbs: The Past, Present and Future of a Constitutional Right of Abortion, we confront the remarkable beginning and end--once again, after a half-century-of the landmark Supreme Court decision in Roe v. Wade, shockingly overruled by the Court in Dobbs v. Jackson Women's Health Organization. The goal of this book is to bring together some of our nation's leading constitutional scholars, historians, philosophers, and medical experts to share their views on whether there should be a constitutional right to abortion and what the consequences of Dobbs might be.

What makes this subject unique is how it intersects with our own lives, since both Bollinger and Stone were law clerks at the Supreme Court in the year that Roe was decided (1973)--Stone for Justice William Brennan and Bollinger for Chief Justice Warren Burger. During the Court's 1972 Term, when Roe was decided, the Court was in a state of flux. President Nixon had just appointed four Justices to the Court--Burger, Blackmun, Powell, and Rehnquist. The era of the Warren Court was clearly over. In those days, the Justices were non-partisan, often joined opinions across the political/ideological spectrum, and approached cases with an open mind. That in large part explains why the Court could reach the decision it did in Roe, with five of the six Republican-appointed Justices and two of the three Democratic-appointed Justices in the majority, and one Republican-appointed justice (Rehnquist) and one Democratic-appointed justice (White) in dissent. It was a different Court and a different era.

Edited by: Lee C. Bollinger (President Emeritus and Seth Low Professor of the University President Emeritus and Seth Low Professor of the University Columbia University), Geoffrey Stone (Edward H. Levi Distinguished Professor of Law, Edward H. Levi Distinguished Professor of Law, Uninversity of Chicago)
Imprint: Oxford University Press Inc
Country of Publication: United States
Dimensions: Height: 156mm, Width: 235mm, Spine: 32mm
Weight: 826g
ISBN: 9780197760352
ISBN 10: 019776035X
Pages: 498
Publication Date: 15 July 2024
Audience: General/trade , ELT Advanced
Format: Hardback
Publisher's Status: Active

Acknowledgments List of Contributors Dialogue Lee C. Bollinger and Geoffrey R. Stone Part One The Supreme Court: Roe v. Dobbs 1. Liberal Critics of Roe David A. Strauss 2. Equality Emerges as a Ground for Abortion Rights in and After Dobbs Cary Franklin & Reva Siegel Part Two Close Readings of Roe 3. Why Was Roe v. Wade Wrong? Jonathan Mitchell 4. Justice Blackmun Got it Right in Roe v. Wade Erwin Chemerinsky Part Three The Path from Roe to Dobbs 5. Abortion, Partisan Entrenchment, and the Republican Party Jack M. Balkin 6. Some Realism About Precedent, In the Wake of Dobbs Michael W. McConnell Part Four Close Readings of Dobbs 7. The Dobbs Gambit: Gaslighting at the Highest Level Khiara M. Bridges 8. Dobbs and the Travails of Due Process Traditionalism Cass R. Sunstein 9. Should Gradualism Have Prevailed in Dobbs? Richard M. Re 10. Dobbs' Democratic Deficits Melissa Murray & Katherine Shaw Part Five Historical Perspectives 11. The Failure of Dobbs: The Entanglement of Abortion Bans, Criminalized Pregnancies, and Forced Family Separation Dorothy Roberts 12. A Requiem For Roe: When Property Has No Privacy Michele Bratcher Goodwin 13. Where History Fails Nancy F. Cott 14. How Contraception and Abortion Got Divorced Linda Gordon 15. The Antiabortion Movement and the Punishment Prerogative Mary Ziegler Part Six International Perspectives 16. Abortion Policy Aimed at Promoting Life As Much As Possible Mark Tushnet 17. American Exceptionalism and the Comparative Constitutional Law of Abortion Tom Ginsburg Part Seven Implications for the Future 18. Reproductive Technologies and Embryo Destruction After Dobbs Glenn Cohen 19. Dobbs and Our Privacies Aziz Z. Huq & Rebecca Wexler 20. The Unraveling: What Dobbs May Mean for Contraception, Liberty, and Constitutionalism Martha Minow Closing Dialogue Lee C. Bollinger and Geoffrey R. Stone

Lee C. Bollinger served as Columbia University's 19th president from 2002 to 2023. He is Seth Low Professor of the University, a member of the Columbia Law School faculty, and one of the nation's foremost First Amendment scholars. Geoffrey R. Stone is the Edward H. Levi Distinguished Service Professor at the University of Chicago. Mr. Stone joined the faculty in 1973, after serving as a law clerk to Supreme Court Justice William J. Brennan, Jr. He is a preeminent constitutional law scholar.

Reviews for Roe v. Dobbs: The Past, Present, and Future of a Constitutional Right to Abortion

"If you ever wondered how our country went from Roe to Dobbs, then you must read this book. Professors Bollinger, Stone and their contributors explain the constitutional issues, laws and politics surrounding both decisions and explore what the real-world impact of the Court's decision will mean not only to abortion access but to all of our fundamental rights as Americans. * Hillary Rodham Clinton, Former U.S. Secretary of State; Professor of International and Public Affairs, Columbia University School of International and Public Affairs * This is a rich and varied collection, from a dazzling array of thinkers, about one of the crucial political and legal issues of our time. These essays explore the jurisprudence of reproductive rights from many perspectives, illuminating the consequences for equality and freedom writ large. * Emily Bazelon, Truman Capote Fellow at Yale Law School * Want to understand what the Supreme Court did in Dobbs and why it matters? This book's for you. Bollinger and Stone, both respected constitutional scholars, have assembled a star-studded cast of contributors, including several whose views diverge from their own. Powerfully framed by the editors' opening and closing dialogue, the twenty essays examine Roe and Dobbs from virtually every angle. Whatever your views on abortion, this timely, thoughtful book is sure to reveal aspects of the issue you haven't previously considered. * David S. Tatel * This thorough and footnote-laden book soundly refutes the recent political canard that ""all legal scholars, both sides"" wanted Roe v. Wade ended. The leading constitutional law scholars in the nation wrote the 20 articles collected in this volume, and their well-supported conclusion (from diverse points of view) is that Roe v. Wade accurately reflected the right to privacy and the right to equal protection inherent in the Constitution and in American values. * Choice *"