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Gonzales, Casey, and the Viability Rule

By Alliance Alert

Northwestern University Law Review: "This Essay argues that the Supreme Court has an unmet obligation to account for the significance accorded to fetal viability in its abortion jurisprudence. Neither Roe nor Casey provided a constitutional justification for the viability rule, and Gonzales makes such a justification even harder to envision. Under the reasoning of Casey, if the Court cannot offer a principled constitutional rationale for requiring the ability to survive ex utero as a condition for state protection, then the Court should abandon the viability rule as an illegitimate and arbitrary line, inappropriate for judicial imposition."

Full post as published by Constitutionally Correct on April 13, 2009 (boomark / email).