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The Unbearable Lightness of Marriage in the Abortion Decisions of the Supreme Court: Altered States in Constitutional Law

William W. Van Alstyne
William & Mary Law School

William & Mary Bill of Rights Journal, Vol. 18, 2009
William & Mary Law School Research Paper No. 09-14

Abstract:
This essay-article responds to efforts to put the Supreme Court’s abortion cases on a stronger footing by justifying them under the equal protection clause (rather than the due process clause--the basis for the Court’s decision in Roe v. Wade and subsequent cases). The suggestion here is that there is an especial irony in this effort. How so or why? That will require the reader to download this (mercifully) brief piece to see.

Accepted Paper Series

Date posted: July 12, 2009 ; Last revised: July 16, 2009

Suggested Citation

Van Alstyne, William W., The Unbearable Lightness of Marriage in the Abortion Decisions of the Supreme Court: Altered States in Constitutional Law (July 9, 2009). William & Mary Bill of Rights Journal, Vol. 18, 2009; William & Mary Law School Research Paper No. 09-14. Available at SSRN: http://ssrn.com/abstract=1432068

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Contact Information

William W. Van Alstyne (Contact Author)

William & Mary Law School ( email )

South Henry Street
P.O. Box 8795
Williamsburg, VA 23187-8795
United States