Title

Abortion and Undue Burdens: Justice Sandra Day O'Connor and Judicial Decision-Making

Document Type

Article

Language

eng

Format of Original

24 p.

Publication Date

1996

Publisher

Taylor & Francis

Source Publication

Women & Politics

Source ISSN

1554-477X

Original Item ID

doi: 10.1300/J014v16n03_02; Shelves: HQ 1236 .W63 1996 v. 16, Memorial Periodicals

Abstract

This essay argues that Sandra Day O'Connor's moral reasoning concerning abortion cases represents a female-associated jurisprudence. A female-associated jurisprudence negotiates a moral ground that values the rights of individuals as interdependent members of communities. From the recognition of the need to balance such interests emerges a jurisprudence that emphasizes the interconnectedness of all parties and all competing interests in a dispute.. In articulating "undue burden" standard for evaluating abortion cases, Justice O'Connor has identified an approach to legal decision-making that accomodates difference, contextualizes the law, and resists oversimplification of complex issues.

Comments

Women & Politics, Vol. 16, N0. 3 (1996): 27-54. DOI.