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Jack M. Balkin
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What Roe v. Wade Should Have Said: The Nation's Top Legal Experts Rewrite America's Most Controversial Decision, Revised Edition Kindle Edition

by Jack M. Balkin (Editor) Format: Kindle Edition
4.1 4.1 out of 5 stars 13 ratings
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A unique introduction to the constitutional arguments for and against the right to abortion

In January 1973, the Supreme Court’s opinion in Roe v. Wade struck down most of the country's abortion laws and held for the first time that the Constitution guarantees women the right to safe and legal abortions. Nearly five decades later, in 2022, the Court’s 5-4 decision in Dobbs v. Jackson Women's Health Organization overturned Roe and eliminated the constitutional right, stunning the nation. Instead of finally resolving the constitutional issues, Dobbs managed to bring new attention to them while sparking a debate about the Supreme Court’s legitimacy.

Originally published in 2005, What Roe v. Wade Should Have Said asked eleven distinguished constitutional scholars to rewrite the opinions in this landmark case in light of thirty years’ experience but making use only of sources available at the time of the original decision. Offering the best arguments for and against the constitutional right to abortion, the contributors have produced a series of powerful essays that get to the heart of this fascinating case. In addition, Jack Balkin gives a detailed historical introduction that chronicles the Roe litigation—and the constitutional and political clashes that followed it—and explains the Dobbs decision and its aftermath.

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  1. Print length
    414 pages
  2. Language
    English
  3. Sticky notes
    On Kindle Scribe
  4. Publisher
    NYU Press
  5. Publication date
    January 17, 2023
  6. File size
    6059 KB
  7. Page Flip
    Enabled
  8. Word Wise
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Editorial Reviews

Review

"Whatever beliefs you may hold concerning these issues, you will find those beliefs subjected to thoughtfuleven passionatechallenge in at least one of these opinions." -- Kenneth L. Karst,UCLA School of Law

"Reading Jack Balkins edited book, What Roe v. Wade Should Have Said, conjures up thoughts in the reader, like & darn, I wish I had thought of that.“,", The Law and Politics Book Review

"This array of intelligent and serious alternatives to the Court's stunningly inadequate opinion in Roe v. Wade some reaching the same, some the opposite conclusion, some in between is the most convincing argument against any litmus test on this subject either way for future Supreme Court Justices." -- Charles Fried,Harvard Law School

"The interest of the whole lies precisely in its depiction within a single volume of where the debate stands.”l", Federal Lawyer

"Brings together some of America’s brightest legal minds to make the best arguments available for and against the constitutional right to abortion. An exceptional volume and essential for anyone who wants to understand the constitutional debate about Roe." -- Nadine Strossen,President, American Civil Liberties Union, and Professor of Law, New York Law School --This text refers to an out of print or unavailable edition of this title.

Book Description

A fascinating retelling of the most famous court case in American history. --This text refers to an out of print or unavailable edition of this title.

Product details

  • ASIN ‏ : ‎ B0BHY3TPL5
  • Publisher ‏ : ‎ NYU Press (January 17, 2023)
  • Publication date ‏ : ‎ January 17, 2023
  • Language ‏ : ‎ English
  • File size ‏ : ‎ 6059 KB
  • Text-to-Speech ‏ : ‎ Enabled
  • Screen Reader ‏ : ‎ Supported
  • Enhanced typesetting ‏ : ‎ Enabled
  • X-Ray ‏ : ‎ Not Enabled
  • Word Wise ‏ : ‎ Enabled
  • Sticky notes ‏ : ‎ On Kindle Scribe
  • Print length ‏ : ‎ 414 pages
  • Customer Reviews:
    4.1 4.1 out of 5 stars 13 ratings

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Jack M. Balkin

Jack M. Balkin

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Customer reviews

4.1 out of 5 stars
4.1 out of 5
13 global ratings

Top reviews from the United States

TheLadyChemist
5.0 out of 5 stars Sharp
Reviewed in the United States on February 27, 2021
Verified Purchase
Understand before you buy this book that you're buying a book about Constitutional Law and the intended audience is Con Law scholars. If you are not the intended audience and want to find out more about Roe v. Wade, read the full decision yourself for free at Oyez. I've read a couple of his other books and I was really looking forward to this one, he didn't disappoint. It's sharp and well researched although he takes his usual digs at Conservatives and sometimes oversimplifies their view to make his view seem more logical.
2 people found this helpful
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Thomas McGuire
2.0 out of 5 stars Too speculative
Reviewed in the United States on January 21, 2013
Verified Purchase
Legal scholars try to re-argue the Roe v. Wade case. I guess it was not what I was looking for. I was looking for what really happened and what reasoning or other things contributed to the case and its decisions. This book is too speculative. I'm not sure who it was written for or who would like it. I should have believed what the subtitle said.
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KZ
5.0 out of 5 stars Five Stars
Reviewed in the United States on August 10, 2015
Verified Purchase
essential reading
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Gregory Tumolo
5.0 out of 5 stars An amazing work of legal "fiction"
Reviewed in the United States on December 19, 2007
A must-read for anyone who wants to more fully understand the most controversial and divisive Supreme Court decision of all time. While the opinions of the fictional Balkin Court make clear that the rigid trimester framework ultimately adopted by Justice Blackmun was the least attractive and/or logical means of recognizing a fundamental right to abortion, I was left wondering: could the members of an all-male Court really have done anything else? The undeveloped state of Equal Protection/sex discrimination jurisprudence at the time Roe was handed down leads me to believe not.
8 people found this helpful
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TimMc
1.0 out of 5 stars Logically nonsensical
Reviewed in the United States on August 8, 2013
Balkin says a line must be drawn but leaves that for legislators. Politics are to determine humanhood and personhoon? Leaving opinions and morality out of it, biology clearly shows a fertilized egg until death is a living human being.
One person found this helpful
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