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61 Rutgers L. Rev. 381 (2008-2009)
The Theoretic and Democratic Implications of Anti-Abortion Trigger Laws

handle is hein.journals/rutlr61 and id is 387 raw text is: NOTES THE THEORETIC AND DEMOCRATIC IMPLICATIONS OF ANTI-ABORTION TRIGGER LAWS Heidi S. Alexander* INTRODUCTION On January 22, 1973, in its opinion in Roe v. Wade, the Supreme Court established a woman's constitutional right to choose to have an abortion.1 Over time, the opponents of Roe have undertaken gradual measures to erode reproductive freedom. Since 2001, over 2,500 state laws have been proposed to restrict abortion.2 With the addition of Justices Roberts and Alito to the Supreme Court, the erosion of reproductive rights has become even more salient and imminent.3 In a 1985 memo, Justice Alito set forth ways to limit the right to choose, ultimately suggesting overturning Roe.4 The most recent and devastating attack on Roe is the Supreme Court's decision in Gonzales v. Carhart,5 upholding a federal ban on a particular * Editor-in-Chief, Rutgers Law Review. J.D. candidate, Rutgers University School of Law-Newark, 2009; B.A., honors, Psychology, Amherst College, 2003. Many thanks to the Rutgers Law Review Editors and Staff for their excellent work on this Note, Professor Mark Weiner for his insight and guidance, and Sarabeth Broder- Fingert for her unconditional love and support. 1. Roe v. Wade, 410 U.S. 113, 153 (1973). 2. NARAL PRO-CHOICE AMERICA, LIBERTY AT RISK: THE VULNERABILITY OF REPRODUCTIVE RIGHTS UNDER ALITO 10 (2005), http://www.prochoiceamerica.org/assets/files/Courts-SCOTUS-Liberty-at-Risk- Report.pdf. 3. Roberts was confirmed in September 2005 and Alito in February 2006. See Bill Mears, Chief Justice Roberts Goes to Work, CNN, Sept. 30, 2005, http://www.cnn.com/2005[POLITICS/09/30/roberts.starts; Bill Mears, Alito Sworn in as Nation's 110th Supreme Court Justice, CNN, Feb. 1, 2006, http://www.cnn.com/2006/POLITICS/01/31/alito/index.html. 4. Memorandum from Samuel A. Alito, Associate Justice, U.S. Supreme Court to Rex E. Lee, U.S. Solicitor Gen. (June 3, 1985), http://www.archives.gov/news/samuel- alito/accession-060-89-216lThornburgh-v-ACOG-1985-box20-memoFriedtoAlito- June3.pdf (regarding Thornburgh v. Am. Coll. of Obstetricians and Gynecologists, 476 U.S. 747 (1986); Diamond v. Charles, 476 U.S. 54 (1986)). 5. 127 S. Ct. 1610 (2007).

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