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The Future of Pro-Life Legislation and Litigation

In her landmark 1971 paper, Judith Jarvis Thomson tried to defend abortion by appeal to norms of justification consistently applicable in a range of other cases. By contrast, the courts in and after Roe and Casey have treated the right to abortion as an unquestionable legal principle. This inverted approach is doomed to fail as it continues to reveal the anomalous character of abortion rights.