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

12 Pages Posted: 12 Jul 2009  

William W. Van Alstyne

Duke University School of Law; William & Mary Law School

Date Written: July 9, 2009

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.

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: https://ssrn.com/abstract=1432068

William W. Van Alstyne (Contact Author)

Duke University School of Law ( email )

210 Science Drive
Box 90362
Durham, NC 27708
United States

William & Mary Law School ( email )

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

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