Document Type
Brief
Publication Date
9-20-2021
Abstract
Amici, listed in Appendix A, are constitutional law scholars who teach and write in the field of constitutional law, including on limits on the regulation of abortion. They share an interest in promoting the stability of this Court’s abortion jurisprudence as well as its continuity with the constitutional law governing related rights.<\p>
For nearly 50 years, the Supreme Court has recognized that the Due Process Clause of the Fourteenth Amendment protects a woman’s fundamental right to decide whether to have an abortion. See Roe v. Wade, 410 U.S. 113, 153-54 (1973). Accordingly, in Roe, the Court held that prior to viability, a State cannot ban abortion or impose an undue burden on a woman’s right to an abortion but may impose other, less burdensome restrictions. This central holding was reaffirmed in Planned Parenthood of Southeastern Pennsylvania v. Casey, which made clear that “[b]efore viability, the State’s interests are not strong enough to support a prohibition of abortion or the imposition of a substantial obstacle to the woman’s effective right to elect the procedure.” 505 U.S. 833, 846, 879 (1992).<\p>
Recommended Citation
Litman, Leah, "Dobbs v. Jackson Women's Health Organization: Brief for Constitutional Law Scholars Lee C. Bollinger, Erwin Chemerinsky, Sherry F. Colb, Michael C. Dorf, Daniel Farber, Joanna L. Grossman, Leah Litman, Martha Minow, Jane S. Schacter, Suzanna Sherry, Geoffrey R. Stone, David A. Strauss, and Laurence H. Tribe as Amici Curiae Supporting Respondents" (2021). Appellate Briefs. 69.
https://repository.law.umich.edu/briefs/69
Comments
Amicus: Bollinger, President Lee C.; Chemerinsky, Erwin; Colb, Professor Sherry F.; Dorf, Professor Michael C.; Grossman, Professor Joanna L.; Litman, Leah; Minow, Martha; Schacter, Professor Jane S.; Sherry, Professor Suzanna; Stone, Professor Geoffrey R.; Strauss, Professor David A.; Tribe, Professor Laurence H.