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Legitimacy and the Empowerment of Discretionary Legal Authority: The United States Supreme Court and Abortion Rights
Open accessAbstract
In Planned Parenthood of Southern Pennsylvania v. Casey, the U.S. Supreme Court directly confronted the question of Roe v. Wade's continuing viability. Many commentators speculated that Roe would be overruled, tossing the abortion issue to Congress and state legislatures. Yet a majority of the Justices refused to overrule the central holding of Roe, which provides constitutional protection for limited abortion rights. Justices O'Connor, Kennedy, and Souter, in an opinion joined in relevant part by Justices Stevens and Blackmun, relied on the concepts of substantive due process, "principles of institutional integrity," and "the rule of stare decisis" to preserve the constitutional status of a woman's right to an abortion. A different collection of Justices upheld states' rights to erect various barriers to the abortion right as long as they do not pose "substantial obstacle[s]."
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Citations
Cited by
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Tyler, T. R. (1997) · Personality and Social Psychology Review · doi:10.1207/s15327957pspr0104_4 · Cited by 755
Self-citationVOICE, CONTROL, AND BELONGING: The Double-Edged Sword of Procedural Fairness
MacCoun, R. J. (2005) · Annual Review of Law and Social Science · doi:10.1146/annurev.lawsocsci.1.041604.115958 · Cited by 343
The Legitimacy of the Court of Justice in the European Union: Models of Institutional Support
Caldeira, G. A., & Gibson, J. L. (1995) · American Political Science Review · doi:10.2307/2082430 · Cited by 310
Social Justice: History, Theory, and Research
Jost, J. T., & Kay, A. C. (2010) · Handbook of Social Psychology · doi:10.1002/9780470561119.socpsy002030 · Cited by 253
Overcoming apartheid: can truth reconcile a divided nation?
Gibson *, J. L. (2004) · Politikon · doi:10.1080/0258934042000280698 · Cited by 244
Metadata
- Authors
- Tyler, T. R., & Mitchell, G.
- Venue
- Duke Law Journal
- Publisher
- JSTOR
- Published
- 1994-02
- Volume
- 43
- Issue
- 4
- Pages
- 703
- ISSN
- 0012-7086 (ISSN-L)
- OpenAlex
- W2259174542
- Cited by
- 178
- References
- 0
- FWCI
- 76.06
- Type
- journal article
- Language
- en
- Open access
- green
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- Tyler, T. R., & Mitchell, G. (1994). Legitimacy and the Empowerment of Discretionary Legal Authority: The United States Supreme Court and Abortion Rights. Duke Law Journal. https://doi.org/10.2307/1372774
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