Overruling What? Roe?/Casey?
Mae Kuykendall
mae.kuykendall at law.msu.edu
Tue Nov 9 10:46:36 PST 2004
It would seem worth contemplating how much non-reproduction-specific
jurisprudence would lose its constitutional roots if Roe and various
predecessors, in their broadest popular/legal meaning as judicial
protection against decisions that "intrude on the personal and private
life of the individual," were overturned. Reminder: The cultural
confrontation is not all about abortion. Mae Kuykendall
>>> "Conkle, Daniel O." <conkle at indiana.edu> 11/9/2004 10:35:27 AM >>>
You're right, of course, but in popular and political discourse "Roe"
means the constitutional protection of abortion rights. Most
non-lawyers have never heard of Casey.
Dan Conkle
**************************************
Daniel O. Conkle
Professor of Law
Indiana University School of Law
Bloomington, Indiana 47405
(812) 855-4331
fax (812) 855-0555
e-mail conkle at indiana.edu
**************************************
-----Original Message-----
From: conlawprof-bounces at lists.ucla.edu
[mailto:conlawprof-bounces at lists.ucla.edu] On Behalf Of
RJLipkin at aol.com
Sent: Tuesday, November 09, 2004 8:32 AM
To: CONLAWPROF at lists.ucla.edu
Subject: Overruling What? Roe?/Casey?
In discussing the prospect of de-constitutionalizing
abortion rights, why does the discussion inevitably raise the issue of
overruling Roe? Why isn't Casey the case that should be overruled
and,
of course, that decision would eo ipso overrule Roe?
Bobby
Robert Justin Lipkin
Professor of Law
Widener University School of Law
Delaware
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