Authors

Chris Guthrie

Document Type

Article

Publication Title

Southern California Law Review

Publication Date

2008

Page Number

877

Keywords

abortion

Disciplines

Law | Privacy Law

Abstract

In "Gonzales v. Carhart", the Supreme Court upheld the Partial-Birth Abortion Ban Act. In so doing, the Court used the prospect of regret to justify limiting choice. Relying on empirical evidence documenting the four ways in which regret actually operates, this Article argues that the Court's analysis reflects a fundamental misunderstanding of the psychology of regret. By exposing the Court's misunderstanding of this emotion, this article seeks to minimize the most significant risk posed by the Carhart decision: that states will use the prospect of regret to justify additional constraints not only on the abortion right but also on other rights protected by the Constitution.

Included in

Privacy Law Commons

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