Wenz argues that the Supreme Court reached the right decision in Roe v. Wade but for the wrong reasons

Table of Contents:
Preface Introduction Roe v. Wade under Attack * Individual Rights and Majority Rule * Constitutional Interpretation * Preview of Chapters 1. The Derivation of Roe v. Wade Economic Substantive Due Process * Due Process and the Family * Contraception and Privacy in Griswold v. Connecticut * Contraception and Privacy in Eisenstadt v. Baird * Blackmun's Privacy Rationale in Roe v. Wade * Stewart's Due Process Rationale in Roe v. Wade * Tribe on Substantive Due Process * Conclusion 2. Potentiality and Viability The Roe v. Wade Decision * The Concept of Viability in Abortion Cases * Dividing the Gestational Continuum * The Genetic Approach to Personhood * Viability versus Similarity to Newborns * Two Consequentialist Arguments * Feminism and Viability * Conclusion 3. The Evolution of "Religion" Religion in the Abortion Debate * The Original Understanding of the Religion Clauses * The Evolution of Religion Clause Doctrine * Incorporation of the Religion Clauses * From Belief to Practice * Alleviating Indirect Burdens on Religious Practice * Expanding the Meaning of "Religion" * The Original Understanding View * Bork: Conservative or Moderate? * Conflicts between the Religion Clauses * The Elusive Meaning of "Religion" * Conclusion 4. The Definition of "Religion" The Adjectival Sense of Religion * Religious Beliefs Independent of Organized Religions * Religious Belief as Fundamental to Organized Religion * Secular Beliefs Related to Material Reality * Secular Beliefs Related to Social Interaction * Secular Facts versus Secular Values * The Court's Characterizations of Secular Beliefs * Secular (Nonreligious) Belief * The Epistemological Standard for Distinguishing Religious from Secular Belief * Judicial Examples of Religious Beliefs * General Characteristics of Religious Beliefs * Summary 5. "Religion" in Court The Epistemological Standard Applied * Cults and Crazies * Secular Religions * Tensions between the Religion Clauses * The Unitary Definition of "Religion" 6. Fetal Personhood as Religious Belief Anti-Contraception Laws and the Establishment Clause * Belief in the Existence of God * Belief in the Personhood of Young Fetuses * Distinguishing Religious from Secular Determinations of Fetal Personhood * Religious versus Secular Uncertainty * Environmental Preservation and Animal Protection versus Fetal Value * Greenawalt's Argument * The Reach of Secular Considerations * Secular versus Religious Matters * Conclusion 7. The Regulation of Abortion The Trimester Framework and Its Exceptions * O'Connor's Objections to the Trimester Framework * Superiority of the Establishment Clause Approach to the Trimester Framework * Required Efforts to Save the Fetus * The Neutrality Principle * Appropriate Judicial Skepticism * Undue Burdens and Unconstitutional Endorsements * Conclusion 8. Abortion and Others Public Funding of Abortion * The Establishment Clause Approach to Public Funding * The Court's Funding Rationale * The Court's Inconsistent Rationale * Publicly Funded Family Planning Clinics * Spousal Consent * The Court's Flawed Parental Consent Rationale * Information Requirements * Spousal and Parental Consent * The Establishment Clause Approach: Medical Dimension * The Establishment Clause Approach: Religious Dimension * Implications of the Establishment Clause Approach * The Court's Inconsistency * Equivalent Results * Parental Notification * Conclusion Conclusion Justice Scalia's View * The Fundamental Flaw in Roe * The Rationale for the Establishment Clause Approach * Advantages of the Establishment Clause Approach Notes Glossary of Terms Annotated Table of Cases Bibliography Index