Hard Choices, Lost Voices: How the Abortion Conflict Has Divided America, Distorted Constitutional Rights, and Damaged the Courts

Overview

In a powerful indictment of the battle over abortion rights, Mr. Judges charges that the conflict has divided society, distorted constitutional rights, and damaged the courts. Thoughtful, balanced...a welcome antidote to the emotional rhetoric that has polarized abortion debates in the U.S. This book issues a clarion call for a new approach to the issue. —Nadine Strossen

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Overview

In a powerful indictment of the battle over abortion rights, Mr. Judges charges that the conflict has divided society, distorted constitutional rights, and damaged the courts. Thoughtful, balanced...a welcome antidote to the emotional rhetoric that has polarized abortion debates in the U.S. This book issues a clarion call for a new approach to the issue. —Nadine Strossen

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Editorial Reviews

Contemporary Psychology - Rodney A. Smolla
A great contribution...careful and thoughtful treatment of the demographics, sociology, medical realities, history, and legal issues of abortion.
Contemporary Psychology - Nadine Strossen
Thoughtful, balanced...a welcome antidote to the emotional rhetoric that has polarized abortion debates in the U. S. This book issues a clarion call for a new approach.
Publishers Weekly - Publisher's Weekly
In this thoughtful, stimulating inquiry, University of Arkansas law professor Judges endorses a woman's right to abortion while remaining critical of the excesses and absolutism he observes on both sides of the debate. He also blasts the Supreme Court for its current ambivalent approach, which, he argues, has aggravated the inequality and arbitrariness that characterizes abortion rights. Laying out the demographic and social contexts of abortion, he demonstrates that a woman's access to abortion depends less on the law than on her financial status, where she lives and whom she knows. Reviewing proposals for a Congressional Freedom of Choice Act that would curb the states' powers to restrict access to abortion, Judges finds FOCA to be a ``far from adequate solution'' to protecting women's rights. His balanced approach makes this book a valuable contribution to the national debate. May
Booknews
Judges (law, U. of Arkansas) takes both sides of the abortion debate to task for their lack of knowledge about the matter, and compiles sociological, medical, historical, and legal information that he thinks is relevant to the discussion. He also argues that the Supreme Court's reasoning has gotten mushy, and that women seeking abortions are being judged by all the wrong criteria. Annotation c. Book News, Inc., Portland, OR (booknews.com)
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Product Details

  • ISBN-13: 9781566636803
  • Publisher: Dee, Ivan R. Publisher
  • Publication date: 2/12/2007
  • Pages: 352
  • Product dimensions: 6.04 (w) x 9.21 (h) x 1.11 (d)

Meet the Author

Donald P. Judges teaches law at the University of Arkansas and writes frequently on constitutional issues. He has studied psychology as well as law, has clerked in the U.S. Court of Appeals, and has been an associate of the Washington law firm of Arnold & Porter. Among a number of prizes, Mr. Judges has received the Joseph Bernstein Award for Legal Writing.
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Table of Contents

Preface
Acknowledgments
Pt. 1 The Abortion Wars: Issues, Facts and Figures, History
1 The Nature of the Debate 4
2 The Demographic and Social Context: Who Has Abortions, When, and Why 29
3 The Medical Context 49
4 The Historical Context 83
Pt. 2 Roe v. Wade and the Recognition of a Constitutional Right to Abortion
5 Constitutional Conflicts 112
6 The Background to Roe 114
7 Roe v. Wade and Doe v. Bolton 138
8 Criticisms of Roe 149
Pt. 3 Elaborating a Constitutional Right to Abortion: The Post-Roe, Pre-Webster cases
9 A Search for Balance 170
10 Regulating the Medical Aspects of Abortion 172
11 Direct Regulation of the Woman's Decision 179
12 The Public Funding of Abortion 184
13 On the Threshold of Change 188
Pt. 4 Narrowing Abortion Rights: Webster v. Reproductive Health Services and Other Pre-Casey Cases
14 The Webster Case 190
15 1989 Term Post-Webster Cases 200
16 Rust v. Sullivan 207
17 Webster and the Overruling of Roe 212
Pt. 5 Redefining Abortion Rights: Planned Parenthood of Southeastern Pennsylvania v. Casey
18 Casey's Undue Burdens 224
19 The Joint Opinion in Casey 227
20 The Liberal Camp: The Opinions of Justices Stevens and Blackmun 244
21 The Opposition: The Opinions of Chief Justice Rehnquist and Justice Scalia 246
Pt. 6 Taking Stock, Looking Ahead
22 Continuing Inequality 254
23 An Uncertain Future 258
24 Full Circles and Fresh Perspectives 280
Notes 296
Table of Cases 321
Index 325
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