Open Access. Powered by Scholars. Published by Universities.®

Law and Gender Commons

Open Access. Powered by Scholars. Published by Universities.®

Constitutional Law

Women

Michigan Law Review

1993

Articles 1 - 3 of 3

Full-Text Articles in Law and Gender

A Question Of Choice, Michele A. Estrin May 1993

A Question Of Choice, Michele A. Estrin

Michigan Law Review

A Review of A Question of Choice by Sarah Weddington


Conflict Of Constitutions? No Thanks: A Response To Professors Brilmayer And Kreimer, Gerald L. Neuman Mar 1993

Conflict Of Constitutions? No Thanks: A Response To Professors Brilmayer And Kreimer, Gerald L. Neuman

Michigan Law Review

This colloquy was organized around the unpleasant hypothesis that the Supreme Court would overrule Roe v. Wade and that Congress would not fill the resulting void with federal legislation. The abortion debate would then move to the states, where local majorities could enact their own resolutions. If the local majorities were large enough, they could even write their local resolutions into their state constitutions. The contrasting state constitutions that could result might then replicate the comparativists' current juxtaposition between the U.S. Constitution and the constitutions of Germany and Ireland. In some states, prohibition of abortion would be constitutionally required ...


"But Whoever Treasures Freedom…": The Right To Travel And Extraterritorial Abortions, Seth F. Kreimer Mar 1993

"But Whoever Treasures Freedom…": The Right To Travel And Extraterritorial Abortions, Seth F. Kreimer

Michigan Law Review

In a prior article, I addressed the problem of extraterritorial abortions under the assumption that the federal constitutional right of reproductive choice would be repudiated by the Supreme Court on Justice Scalia's theory that such rights lack sufficiently deep roots in the history and traditions surrounding the framing of the Constitution and the Fourteenth Amendment. I argued there that a constitutional methodology that relied on traditions and expectations of the Framers would provide a strong basis for concluding that the Constitution imposes severe limits on states' power to project their moralities extraterritorially. If Justice Scalia is serious about a ...