Constitutional Law Primer

Americans United for Life has prepared an excellent Constitutional Law and Abortion Primer for your use. (Please click here to download a copy.)

Most law school curricula fail to address adequately the important cases involving abortion and the issues they present. As future legal professionals, you have the responsibility and the privilege to protect the most basic human right—the right to life.

Notify other LawSFL members about this resource and how they can access it. One suggestion is to distribute copies of the Primer to your members to read, then discuss the concepts and cases at your next meeting. Keep a copy handy—in your pocket, on your computer, or on your smartphone—you never know when the opportunity may arise in class discussion to reference a section. Use ideas or questions that arise as a basis for law review articles and future scholarship that will further develop this area of law. Regardless of how you implement it, after reading and discussing the Primer, members of your LawSFL group will enter the classroom and society better prepared to challenge false notions and to foster discussion about the law and abortion.

PRIMER TOPICS

Analysis of Roe v. Wade and Doe v. Bolton

  • Expansion of the “Right to Privacy” under Roe
  • The Companion case:  Doe v. Bolton
  • Why the History in Roe is wrong as written by Justice Blackmun

The Post-Roe cases

  • Revisiting and Revising RoePlanned Parenthood v. Casey
  • Applying Casey: the Partial-Birth Abortion Ban Cases
  • What is Clear in Abortion Law:  The Taxpayer is Not Obligated to Fund Abortions

Why Abortion is Not a Fundamental Right (and Never Has Been)

  • What Roe actually said
  • What the Court’s decisions between Roe and Akron said
  • Justice O’Connor’s Revelation
  • What Rights are “Fundamental”?
  • No Abortion “liberty” is Rooted in History
  • Why Roe cannot be a Fundamental Right from Other Sources

The case against Roe: A critical, annotated bibliography on Roe v. Wade and Doe v. Bolton

Summaries of Supreme Court Cases Involving Abortion from Roe to Casey that were not Covered Extensively in the Text of the Primer