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Index
Title Page
Dedication
• THE JUSTICES AND THE ADVOCATES •
Introduction
PART I - MISTAKES
CHAPTER ONE - The Road to Roe
A Mistake from the Beginning
The Marital Foundation of Griswold v. Connecticut
The First Bridge from Griswold
The “Rhetorical Bridge” in Eisenstadt v. Baird
The First Abortion Case
September 1971
The June Crisis
The Opinions Take Shape
The Expansion to Viability
The Chaser-Roe and Doe Together
CHAPTER TWO - The Road to Roe
The Campaign for Population Control
The Marketing of the Pill
Funding
Media Repetition of the Claims about Illegal Abortions and Maternal Deaths
The American Law Institute Model Abortion Law
Judicial Endorsement of Abortion “Rights”
The American Medical Association’s Endorsement
The Powerful Myth of a Long-Dormant “Abortion Right”
Conclusion
CHAPTER THREE - The Red Flags the Justices Ignored
The Troubling Lack of a Factual Record
Throwing Off Procedural and Jurisdictional Restraints
Seven Major Themes
Conclusion
CHAPTER FOUR - The Abrupt Expansion to Viability (and Beyond)
The Non-Issue
The Strange Influence of Abele v. Markle
The Abrupt Shift to Viability as the “Critical Moment”
Countervailing Considerations That Were Overlooked
No Legal Justification
Viability Rejected in Tort Law
A Medical Rationale?
Expanding the “Right” beyond Viability
Conclusion
CHAPTER FIVE - The Medical Myth That Drove the Outcome in Roe (and Its ...
The Risks of Abortion
Where Did the Mantra Come From?
No Factual Record in the Abortion Cases
The Oral Arguments
The Data the Justices Relied On
The Contrary Data Ignored
Why Maternal Mortality and Abortion Mortality Rates Cannot Be Compared
Only a Snapshot
How Recent Research on Long-Term Risks Further Undercuts the Mantra
Does Anyone Believe the Mantra?
Conclusion
CHAPTER SIX - The American Experience the Justices Overlooked
The Medical Context and Limits
The Justices’ Misplaced Reliance on Cyril Means’s Spurious History
Enforcement against Practitioners, Not Women
Active Enforcement Until Roe
The Effects of Enforcement
Estimates of Illegal Abortions
Other Estimates
The Large Drop in Maternal Mortality between World War II and 1970
Conclusion
PART II - UNINTENDED CONSEQUENCES
CHAPTER SEVEN - The Public Health Vacuum the Justices Created
Clinic Scandals 1973–2012
How the Justices Created the Vacuum
The Justices’ III-Considered Assumptions
The Immediate Aftermath of Roe
Judicial Hostility to New Regulations
How Abortion Injuries and Deaths Are Laundered Out of the U.S. Public Health System
Conclusion
CHAPTER EIGHT - Detrimental Reliance
Reading the Data
A 2003 Assessment
Preterm Births and Low-Birth-Weight Infants
Placenta Previa
Psychological Risks
Risk of Alcohol and Drug Abuse
Increased Risk of Suicide
The 2008 American Psychological Association Report
The 2011 British Journal of Psychiatry Study
Loss of Protective Effect Against Breast Cancer from a Full-Term Pregnancy
Induced Abortion as an Independent Risk for Breast Cancer
Conclusion
CHAPTER NINE - The Costs of Schizophrenia
Introduction
Legal Protection of the Unborn Child at the Time of Roe
Inside the Court
How the Roe Opinion Left Open the Door for Schizophrenia
The Growth of Legal Protection Despite Roe
Conclusion
CHAPTER TEN - The Public Is Not “Polarized” Over Abortion
The Court’s Conflict with Public Opinion Since 1973
The 7 Percent
The Paradigm of “Polarization”
A Better Understanding of What Roe Means
How Roe Prevents Common Ground
How Judges Exacerbate the Conflict
An Abortion Policy That a Majority Can Support
Conclusion
CHAPTER ELEVEN - Has Roe Solved the Problems It Was Supposed to Solve for Women?
Has Roe Solved the Problems It Was Supposed to Solve for Women?
Equal Opportunity from Other Legislative and Judicial Developments
The Paradigm of Liberty and Control
The Major Studies of Women’s Success Never Mention Abortion
Do Women Consider Abortion to Be “the First Right”?
Sex Selection and Gendercide
Conclusion
CONCLUSION
Acknowledgments
NOTES
BIBLIOGRAPHY
INDEX
Copyright Page
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