Abstract

The U.S. Supreme Court’s most recent pronouncement on abortion rights resembles the dieter’s dilemma: one knows exactly how to get where one is going but lacks the willpower to follow through. In an opinion filled with exceptionally progressive, equality-based arguments for reproductive freedom, the Court nonetheless manages to back away from its own ineluctably drawn conclusions. In the end it not only ignores its own best arguments but eviscerates its previous analyses of fundamental rights and judicial protection of personal liberties from the excesses of the polity.