William W. Van Alstyne (William & Mary Law School) has posted The Unbearable Lightness of Marriage in the Abortion Decisions of the Supreme Court: Altered States in Constitutional Law (William & Mary Bill of Rights Journal, Vol. 18, 2009) on SSRN. Here is the 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.
