The Unbearable Lightness of Marriage in the Abortion Decisions of the Supreme Court: Altered States in Constitutional Law

William H. Van Alstyne, The Unbearable Lightness of Marriage in the Abortion Decisions of the Supreme Court: Altered States in Constitutional Law (July 9, 2009). William & Mary Bill of Rights, Vol. 18, 2009; William & Mary Law School Research Paper No. 09-14. Available at SSRN: http://ssrn.com/abstract=1432068

This essay-article responds to efforts to put the Supreme Court’s abortion cases on a stronger footing by justifying them under the equal protection clause (rather than the due process clause–the basis for the Court’s decision in Roe v. Wade and subsequent cases). The suggestion here is that there is an especial irony in this effort. How so or why? That will require the reader to download this (mercifully) brief piece to see.