Professor Lemieux is working on a series of posts discussing Jack Balkin’s book, What Roe Should Have Said. This is Scott’s area of expertise, so he really knows his stuff.
Part I, in which he discusses Canada’s landmark abortion case, R v. Morgentaler, in which, Scott argues, the Supreme Court of Canada did a better job using American precedent than Justice Blackmun did in Roe.
Part II, in which he argues that a woman’s right to make reproductive decisions does not change during the course of her pregnancy (or in regard to whether she is pregnant or not); what changes is the state’s interest in those decisions.
Go. Read.