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Why Pro-Abortion Justices Forswore Lochner

Why Pro-Abortion Justices Forswore Lochner

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CJ Wolfe
Nov 23, 2021
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Why Pro-Abortion Justices Forswore Lochner
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Question: Why in the key abortion and right to privacy rulings does the majority find it necessary to defend themselves against the objection that the court is engaging in the substantive due process of Lochner v. NY (1905)?

Here are some examples of when that happens:

  • Griswold v. Connecticut (1965) (not an abortion case, but the first right to privacy m…

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