Roe, Casey and the "Masks of the Law"

Remember our discussion of Dred Scott and the "masks of the law."

One of the great constitutional law scholars of the past fifty years, Judge John T. Noonan, has observed that “[i]t is a propensity of professionals in the legal process to dehumanize by legal concepts those who the law affects harshly.”  

He calls this process of dehumanization the “masks of the law.” 

What Noonan meant by the masks of the law is the law’s ability to use rules and legal concepts to conceal persons who are treated harshly by the law. 

He puts it this way:

“By masks in this context I mean ways of classifying individual human beings so that their humanity is hidden and disavowed.” 

 

As you read Roe and Casey and the Court's abortion jurisprudence, have your radar set to locate any "masks of the law" used by the Court.