Article: "Arbitrary Legislation" from the Bench -- An Inside Look at the Making of Roe v. Wade.(landmark abortion case)

Editor's note: The following is excerpts of Douglas W. Kmiec, professor of constitutional law, University of Notre Dame and Strauss Distinguished Visiting professor, Pepperdine University, to a House Judiciary Committee, Subcommittee on the Constitution hearing that took place April 22, 1996.

Despite the Supreme Court's putative "reaffirmation" of part of Roe in Planned Parenthood v. Casey, these opinions remain highly contentious because the constitutional premises upon which they rest are so wholly erroneous as to be non-existent in law. The writer Santyana enjoins us to learn from history. Recently, the lessons to be learned from the history of the abortion ...

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