"The preferred moral foundations of the abortion right created in Roe v. Wade and its progeny continue to shift, from marital and medical privacy, to women’s equality, to individual liberty or dignity, and back, in the minds of both the Supreme Court Justices and the pro-choice advocates and legal scholars that have argued or celebrated these famous cases. What has not shifted is the commitment of the pro-choice community to the right itself, and to the propriety of its judicial origin. Legal abortion, according to this near- universal pro-choice consensus, is and should be an individual, constitutional right protected against political winds, rather than simply good policy reflected in a state’s laws, and it is therefore entirely fitting that we look to the courts, and to the Supreme Court in particular, for its articulation and enforcement. It is the work of the courts and their actors—judges, lawyers, litigants, amici, judicial clerks, and academic commentators—to orate the basis of this important individual right, to develop its contours, and to expand or contract it when appropriate—to subject it in effect to the ordinary and extraordinary processes of constitutional adjudication."
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Roe v. Wade
Roe v. Wade, 410 U.S. 113 (1973), was a landmark decision of the U.S. Supreme Court in which the Court ruled that the
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