"One might, for example, think of Roe as the first in a possible trajectory of future cases revitalizing a libertarian and antimoralistic strand of Lochner v. New York .Lochner famously found a right to contract for labor in the Constitution that in turn trumped democratic control of labor markets, and Roe likewise found a right to contract for an abortion that trumped democratic control of markets for reproductive services. Roe, then, like Lawrence v. Texas, might be sensibly viewed as a stepping stone toward a revitalized libertarian understanding of the relation between citizen, state, and contract. The libertarian and antimoralistic language in Lawrence also supports such a reading, as commentators have noted. Perhaps the extreme administrative and legal intervention in to markets that characterized so much of the twentieth century, whether prompted by moralistic impulses or by redistributive impulses, is the anomaly. The norm may be an ecumenical understanding of the individual liberty protected by the substantive prong of the Due Process Clause—a liberty that arguably protects the sale and purchase of labor, contraception, abortions, subprime mortgages, high interest loans, prostitution services, surrogacy services, babies, gambling contracts, guns, or kidneys, and protects all of these contractual transactions against either moralistic or paternalistic intervention. That is one way to string the beads."
Roe v. Wade

January 1, 1970

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Original Language: English

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pp.1423-1424

https://en.wikiquote.org/wiki/Roe_v._Wade