Yale Law Journal on Roe v. Wade

Law Professor John Hart Ely, who is affiliated with Yale Law School, Harvard Law School, Stanford Law School says the following about Roe v. Wade:

Roe “is not constitutional law and gives almost no sense of an obligation to try to be….What is frightening about Roe is that this super­protected right is not inferable from the language of the Constitution, the framers’ thinking respecting the specific problem in issue, any general value derivable from the provisions they included, or the nation’s governmental structure. Nor is it explainable in terms of the unusual political impotence of the group judicially protected vis­à­vis the interest that legislatively prevailed over it.… At times the inferences the Court has drawn from the values the Constitution marks for special protection have been controversial, even shaky, but never before has its sense of an obligation to draw one been so obviously lacking.”

“The Wages of Crying Wolf: A Comment on Roe v. Wade,” 82 Yale Law Journal 920, 935­937 (1973)

He is pro-choice.

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About Sarah

Sarah Terzo is a freelance writer and journalist who works for Live Action. She is a member of the board of The Pro-life Alliance of Gays and Lesbians and Consistent Life.
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