Courts or Legislatures?
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Ely's criticism of Roe, written by a supporter of liberal abortion laws, raises a crucial issue for proponents on all sides of the issues: Where should the ground rules on abortion be made? In the supreme Court? In federal or state legislatures? Somewhere else? Does the Constitution imply anything on this issue?

In order to remove the abortion issue from all legislative action, the right to abort must be deemed "fundamental." To argue for or against this position, you must choose a definition of "fundamental" and defend it by referring to the Constitution itself, to Supreme Court precedent, or to some framework of ideas that can plausibly be said to underlie both. For one approach to a defense, click on the Related Ideas link.

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