Congress CP cites


Progressive constitutionalism
Robin West, Progressive Constitutionalism, 1994
Robin West, What Roe Should Have Said, ed. Jack Balkin, 2005
p. 143-146
p. 256-257
Robin West, http://bostonreview.net/BR23. 5/West.html
Robin West, The Constitution's Political Deficit, Harvard Law and
Policy Review, December 4, 2006,
http://www.hlpronline.com/ 2006/07/west_01.html.

Kenneth Ward, http://www.bsos.umd.edu/gvpt/ lpbr/subpages/reviews/ wolfe1204.htm

Congress has more credibility
Sandy Levinson, November 28, 2005, http://www.legalaffairs.org/webexclusive/debateclub_ayotte1105.msp
"I'm not at all sure I agree with you, Jack, that knowledge"

Backlash, stripping
Jack Balkin, http://papers.ssrn.com/sol3/ papers.cfm?abstract_id=847164

Congressional action has the same constitutional effect
Ira Lupu, Virginia Law Review, February, 1993
Moreover, model two has important implications

Congress causes social change
Stoddard, NYU Law Review, November, 1997
The fact that the Act emanated from Congress


Equal protection bad

Privacy is good for abortion. Equal protection is bad
Kristina Mentone, Fordham Law Review, May, 2002, 70 Fordham L. Rev. 2657
"Privacy and autonomy arguments approach the right to abortion from a gender-neutral"


Privacy good for dignity
Beth Jamieson, Real Choices: Feminism, Freedom, and the Limits of Law, 2001, p. 36

Privacy good
Anita Allen, "Privacy and Equal Protection as Bases for Abortion Law," Having and Raising Children, ed. Uma Narayan and Julia Bartkowiak, 1999, p. 131-136, give or take a few pages

Equal protection bad - forces normalization and essentialism
Nicole Hart, Buffalo Law Review, Fall, 2004, 52 Buffalo L. Rev. 1417
"This begs the question of whether some of the problems inherent"

SQ solves

SQ solves agency/dignity
Erin Daly, American University Law Review, October, 1995
"The Supreme Court's revival of substantive due process in the guise"

Can't solve

Abortion doesn't spillover to other gender issues
Beth Jamieson, Real Choices: Feminism, Freedom, and the Limits of Law, 2001, p. 31-32

Court orders for funding won't be followed
Jack Balkin, http://www.yale.edu/lawweb/jbalkin/articles/whatbrownteachesus1.pdf
"governments have several different techniques at their disposal"

Backlash turn

Abortion focus hurts broad social change
Kathryn Anderson, Fetal Subjects, Feminist Positions, edited by Lynn Morgan and Meredith Michaels, 1999, p. 39-40

Positive rights for abortion kills the Democrats
Eileen McDonagh, http://www.secularhumanism.org/index.php?section=library&page=emcdonagh_26_4
"as saletan so brilliantly established"


Access bad, eugenics, etc.

Access constrains agency, devalues the poor, eugenics, etc.
Jennifer Denbow, Berkeley Journal of Gender, Law, and Justice, 2005
"The abused, impoverished, and pregnant woman faces a multitude of troubles"


Ruth Colker, Pregnant Men: Practice, Theory, and Law, 1994, p. 188
Joan Bullock, BYU Law Review, 1994
"Realities bear out, however, that women are already enslaved"


Law K

Kathy Rudy, Beyond Pro-Life and Pro-Choice: Moral Diversity in the Abortion Debate, 1996,
p. 148-149
p. 142
p. xxiv-xxvi
p. 108-110
p. 102-103

States CP

states best place to challenge abortion restrictions
Ruth Colker, Pregnant Men: Practice, Theory, and Law, 1994, p. 207

Rachel Weissmann, Annual Survey of American Law, 1999
"On the other hand, one can argue that treating young men"

States legislatures should do the plan
Danielle Morris, Fordham International Law Journal, 1993
"The Court in Casey allowed society to force its concern for more thoughtful"