Abortion and Undue Burdens: Justice Sandra Day O'Connor and Judicial Decision-Making
Format of Original
Taylor & Francis
Women & Politics
Original Item ID
doi: 10.1300/J014v16n03_02; Shelves: HQ 1236 .W63 1996 v. 16, Memorial Periodicals
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.