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
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 [sic] difference, contextualizes the law, and resists oversimplification of complex issues.
Recommended Citation
Sullivan, Patricia A. and Goldzwig, Steven R., "Abortion and Undue Burdens: Justice Sandra Day O'Connor and Judicial Decision-Making" (1996). College of Communication Faculty Research and Publications. 369.
https://epublications.marquette.edu/comm_fac/369
Comments
Women & Politics, Vol. 16, N0. 3 (1996): 27-54. DOI.