Abstract
Reproductive rights, despite their white-hot controversial nature in the last decades of American politics and their life-changing impact on those who are denied such rights, are a constitutional anomaly. More than any other right forced to take shelter with the right to privacy in the Fourteenth Amendment’s cramped Due Process Clause, reproductive rights are in danger of losing their federal constitutional protection. This Note posits that pro-choice activists must abandon Roe v. Wade and its progeny––not because the cases are wrong, but simply because they are unlikely to survive much longer. Instead, the goal of preserving access to reproductive rights would be better served by playing by the rules of the originalist and textualist games that have come to dominate modern U.S. Supreme Court jurisprudence and by expending political capital on passing the Equal Rights Amendment. This Note presents arguments intended to serve as a template for more effective and productive pro-choice activism.
Recommended Citation
Grana, Jordan
(2022)
"The Pro-Choice Case for Overturning Roe v. Wade: A New Constitutional Home for Reproductive Rights,"
University of Florida Journal of Law & Public Policy: Vol. 33:
Iss.
1, Article 4.
Available at:
https://scholarship.law.ufl.edu/jlpp/vol33/iss1/4