Abuse of Discretion - Encounter Books

Abuse of Discretion

The Inside Story of Roe v. Wade

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Publication Details

Hardcover / 496 pages
ISBN: 9781594036927
PUBLISHED: 09/24/2013


Abuse of Discretion
The Inside Story of Roe v. Wade

Based on 20 years of research, including an examination of the papers of eight of the nine Justices who voted in Roe v. Wade and Doe v. Bolton, Abuse of Discretion is a critical review of the behind-the-scenes deliberations that went into the Supreme Court’s abortion decisions and how the mistakes made by the Justices in 1971-1973 have led to the turmoil we see today in legislation, politics, and public health.

The first half of the book looks at the mistakes made by the Justices, based on the case files, the oral arguments, and the Justices’ papers. The second half of the book critically examines the unintended consequences of the abortion decisions in law, politics, and women’s health.

Why do the abortion decisions remain so controversial after almost 40 years, despite more than 50,000,000 abortions, numerous presidential elections, and a complete turnover in the Justices? Why did such a sweeping decision—with such important consequences for public health, producing such prolonged political turmoil—come from the Supreme Court in 1973?

Answering those questions is the aim of this book. The controversy over the abortion decisions has hardly subsided, and the reasons why are to be found in the Justices’ deliberations in 1971-1972 that resulted in the unprecedented decision they issued.


About the Author

Clarke D. Forsythe is currently Senior Counsel for AUL and author of Abuse of Discretion: The Inside Story of Roe v. Wade, published by Encounter Books in 2013. His twenty-seven years of service to AUL includes founding and directing the AUL Project in Law & Bioethics, serving for six years as Vice President and General Counsel, overseeing our nationwide litigation and legislation strategy, and serving as President for ten years.

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