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Roe v. Wade is one of the most controversial cases the Supreme Court has decided. The result in the case — the establishment of a constitutional right to abortion — was controversial enough. Beyond that, even people who approve of the result have been dissatisfied with the Court's opinion. Others before me have attempted to explain how a better opinion could have been written. It seems to me, however, that the most promising argument in support of the result of Roe has not yet been made. This essay contains my suggestions for ""rewriting" Roe v. Wade.


Pages 1-80, "Rewriting Roe v. Wade" by Donald H. Regan. In The Law and Politics of Abortion, edited by C. E. Schneider and M. A. Vinovskis, 1980, reproduced by permission of Rowman & Littlefield. All rights reserved. Please contact the publisher for permission to copy, distribute or reprint.