Abortion Under State Constitutions: A State-by-State Analysis.

PositionBrief article - Book review

Linton, Paul Benjamin. Abortion under State Constitutions: A State-by-State Analysis. Durham, North Carolina: Carolina Academic Press, 2008; www.cap-press.com.

The is the first, full-length treatment of the subject to appear in print. For each state, the author considers possible sources of a right to abortion in the state constitution (privacy, due process of law, equality of rights, equal protection, privileges and immunities, as well as other provisions); state court decisions interpreting those provisions; the relevant state constitutional history; pre-Roe prohibitions of abortion and their interpretation by state courts; post-roe regulations of abortion; and what rights state law has conferred upon unborn children outside the context of abortion.

Based upon the foregoing analysis, arranged topically within each state for ease of reference, the author concludes that thirteen state constitutions...

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