, the mother's life, or where it was the result of incest or rape. For more information on the Hyde Amendment, see footnote 11 below
if inequality is socially pervasive and enforced, equality will require intervention, not abdication, to be meaningful, p.100 ,
, State intervention would have provided a choice women did not have in private
, , pp.223-244, 1984.
Sandel, here, is speaking of politics, but the phrase seems as appropriate for smaller communities, p.183, 1982. ,
?every one who desires power, desires it most over those who are nearest to him, with whom his life is passed, with whom he has most concerns in common, and in whom any independence of his authority is oftenest likely to interfere with his individual preferences, John Stuart Mill, p.136, 1970. ,
Vulnerability by Marriage" and particularly the section entitled "Vulnerability by Anticipation of Marriage, pp.142-188 ,
, , p.41, 1993.
, For discussions of the slogan "the personal is political", and of different interpretations of this see, pp.17-43, 1986.
, , pp.92-119, 1991.
Pateman notes that "The dichotomy between the private and the public is central to almost two centuries of feminist writing and political struggle, and comments "it is, ultimately, what the feminist movement is about, p.118 ,
, , p.40, 1983.
, , p.60, 1987.
, Far from inviting apathy, private liberty is supposed to encourage public discussion and the formation of groups that give individuals access to wider social contexts and to government, pp.61-63
MacKinnon's account of why women got a right to abortion on p, p.101 ,
, For example, Steven notes that the effects of the Hyde Amendment are irrational on fiscal as well as medical grounds, and so that the Hyde Amendment could not be rationally related to the object of promoting childbirth, because it harms the whole pool of Medicaid recipients in order to prevent abortions. Moreover, Petchesky has noted that while the government denied Medicaid funding for abortions, it continued Medicaid funding for sterilization -a policy hard to reconcile with the Majority's interpretation of the Hyde Amendment, All the members of the Minority deny that the Hyde Amendment can be understood as a rational means of promoting childbirth, as the Majority claim, p.296, 1984.
require[s] the expenditure of millions and millions of dollars in order to thwart the exercise of a constitutional right, fact, concludes that the Hyde Amendment ,
Burger and Powell filed concurring opinions. Justice Blackmun filed a dissenting opinion in which Justices Brennan, Marshall and Stevens joined. Stevens also filed a dissenting opinion in which Brennan and Marshall joined ,
, for their argument that Stanley v. Georgia , (1969 ) is not applicable to the case, though Stanley protected the possession of pornographic materials in the home that would be illegal outside it. For Brennan's objections to the Majority's interpretation of Stanley as, essentially a First Amendment ruling, pp.206-213
, For an excellent discussion, see Kaplan, pp.217-224, 1997.
, Blackmun is here quoting from Roberts v. United States Jaycees, p.619, 1984.
, Here Blackmun cites Stevens' concurring opinion in Thornburgh v. American College of Obstetricians and Gynecologists, 1985) p.777 footnote 5. There Stevens quoted from Charles Fried, pp.81-83, 1977.
, Emphasis in text, Blackmun cites Karst, pp.624-637, 1980.
, There should be great resistance to expand the reach of the Due Process Clauses to cover new fundamental rights. Otherwise, the Judiciary necessarily would take upon itself further authority to govern the country without constitutional authority. The claimed right in this case falls far short of overcoming this resistance, vol.186, pp.194-199
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