Controlling Women: What We Must Do Now to Save Reproductive Freedom

In light of the threat that the Supreme Court’s new “ultra-conservative majority” poses to Roe v. Wade, attorneys Kolbert, who cofounded the Center for Reproductive Rights, and Kay, who argued against Ireland’s total ban on abortion at the European Court of Human Rights, make a powerful case for rethinking the legal and political strategies “for gaining equal access to a wider range of reproductive freedoms.” The authors discuss their work on key cases including Planned Parenthood v. Casey (1992), describe the targeting of state laws that restrict abortion access as legal “whack-a-mole,” and note that 10 state legislatures have already passed “trigger laws” that will effectively ban abortion if and when Roe is overturned. They propose a set of ambitious legislative tactics to replace the rallying cry of “save Roe,” including a Gender Equity Amendment to the U.S. Constitution; the repeal of the Hyde Amendment, which prohibits the use of federal funds to pay for abortion services; and an explicit shield against criminal liability for women who have abortions. Kolbert and Kay also call on activists and policymakers to widen the reproductive rights agenda to include affordable childcare, reducing maternal and infant mortality rates, and improved sex education. This impassioned and well-argued rallying cry rings loud and clear. (July)