Table of Contents

Acknowledgments ix Introduction Sublime Theories, Ugly Facts 3 The Argument for Equal Choice 8 Things to Come 12 Chapter I The Clash of Absolutes Revisited 16 The Clash of Absolutes 16 Abortion Law in Books 18 The Looking Glass World of Abortion Advocacy 20 The Theoretical Impasse 37 Chapter II Abortion Law in Action 39 Abortion Past 41 Abortion Present 64 Abortion Future 72 Chapter III Equal Choice 76 Equal Justice under Law 76 Constitutional Equality 79 Discriminatory State Action 84 Judicial Review 96 Slaughtering the Company: The Prudential Case against Equal Choice 103 The Simple Justice of General Laws 106 Chapter IV Rule by Law 108 By the Law of the Land 108 Rule by Law versus Rule by Discretion 109 Judicial Rule by Law 114 Law Enforcement in a Democracy 115 Chapter V Realizing Equal Choice Persuasion and Politics 118 The Critique of Pure Litigation 121 The Myth of the Pro-Choice Majority 131 Rethinking Abortion Politics 142 Pro-Choice Strategy and the New Deal Party System 153 Conclusion The Allure of Pro-Life 157 Notes 161 Bibliography 209 Index of Cases 237 General Index 240

About the Author

Mark A. Graber, who holds a Ph.D. and a J.D., is Associate Professor of Political Science at the University of Maryland. He is the author of Transforming Free Speech: The Ambiguous Legacy of Civil Libertarianism.

Reviews

"[Mark Graber's] pragmatic interpretation of abortion law and politics is interesting, concisely written, and well researched... Its combination of concrete analysis and theoretical insights should provide for a productive discussion."--Timothy L. Smith, The Law and Politics Book Review "In this extremely interesting and well-written book, Mark Graber maintains that the abortion debate has bogged down. He wants to try a new approach, one that is both pragmatic and, he hopes, likely to appeal to those Americans who, like him, believe that abortion is morally wrong, but should be legal."--Bonnie Steinbock, Ethics