Center for Social Justice Online Library

With this volume, Roe v. Dobbs: The Past, Present and Future of a Constitutional Right of Abortion, we confront the remarkable beginning and end--once again, after a half-century-of the landmark Supreme Court decision in Roe v. Wade, shockingly overruled by the Court in Dobbs v. Jackson Women's Health Organization. The goal of this book is to bring together some of our nation's leading constitutional scholars, historians, philosophers, and medical experts to share their views on whether there should be a constitutional right to abortion and what the consequences of Dobbs might be.

What makes this subject unique is how it intersects with our own lives, since both Bollinger and Stone were law clerks at the Supreme Court in the year that Roe was decided (1973)--Stone for Justice William Brennan and Bollinger for Chief Justice Warren Burger. During the Court's 1972 Term, when Roe was decided, the Court was in a state of flux. President Nixon had just appointed four Justices to the Court--Burger, Blackmun, Powell, and Rehnquist. The era of the Warren Court was clearly over. In those days, the Justices were non-partisan, often joined opinions across the political/ideological spectrum, and approached cases with an open mind. That in large part explains why the Court could reach the decision it did in Roe, with five of the six Republican-appointed Justices and two of the three Democratic-appointed Justices in the majority, and one Republican-appointed justice (Rehnquist) and one Democratic-appointed justice (White) in dissent. It was a different Court and a different era.

A book about what "reproductive justice" means and what it looks like to fight for it. Editors Krystale E. Littlejohn and Rickie Solinger bring together many of the strongest, most resistant voices in the country to describe the impacts of the Supreme Court's Dobbs decision on abortion access and care.

The essayists and change agents gathered in Fighting Mad represent a remarkable breadth of expertise: activists and artists, academics and abortion storytellers, health care professionals and legislators, clinic directors and lawyers, and so many more. They discuss abortion restrictions and strategies to provide care, the impacts of criminalization, efforts to protect the targeted, shortcomings of the past, and visions for the next generation. Fighting Mad captures for the social and historical record the vigorous resistance happening in the early post-Roe moment to show that there are millions on the ground fighting to secure a better future.

The landmark case Roe v. Wade redefined family: it is now commonplace for Americans to treat having children as a choice. But the historic decision also coincided with widening inequality, an ongoing trend that continues to make choice more myth than reality. In this new and timely history, Matthiesen shows how the effects of incarceration, for-profit healthcare, disease, and poverty have been worsened by state neglect, forcing most to work harder to maintain a family.

Handbook for a Post-Roe America is a comprehensive and user-friendly manual for understanding and preparing for the looming changes to reproductive rights law, and getting the healthcare you need—by any means necessary. Activist and writer Robin Marty guides readers through various worst-case scenarios of a post-Roe America, and offers ways to fight back, including: how to acquire financial support, how to use existing networks and create new ones, and how to, when required, work outside existing legal systems. She details how to plan for your own emergencies, how to start organizing now, what to know about self-managed abortion care with pills and/or herbs, and how to avoid surveillance. The only guidebook of its kind, Handbook for a Post-Roe America includes an extensive, detailed resource guide for all pregnant people (whether cis, trans, or non-binary) of clinics, action groups, abortion funds, and practical support groups in each state, so wherever you live, you can get involved.
With a newly right-wing Supreme Court and a Republican Senate, Roe is under threat. Robin Marty observes: "When we say abortion will be illegal in half the states in the nation, we are no longer talking about some hypothetical future—we are talking about just years down the road. We have to act now to secure what access remains, shore up the networks supporting those who need care, and decide what risks we are willing to take to ensure that any person who wants a termination can still end that pregnancy—with or without the government's permission.

Tells the movement and litigation stories behind important reproductive rights and justice cases. The twelve chapters span topics including contraception, abortion, pregnancy, and assisted reproductive technologies, telling the stories of these cases using a wide-lens perspective that illuminates the complex ways law is debated and forged—in social movements, in representative government, and in courts. Some of the chapters shed new light on cases that are very much part of the constitutional law canon—Griswold v. Connecticut, Roe v. Wade, Planned Parenthood v. Casey, Nevada Department of Human Resources v. Hibbs. Others introduce the reader to new cases from state and lower federal courts that illuminate paths not taken in the law. Reading the cases together highlights the lived horizon in which individuals have encountered and struggled with questions of reproductive rights and justice at different eras in our nation’s history—and so reveals the many faces of law and legal change. The volume is being published at a critical and perhaps pivotal moment for this area of law. The changing composition of the Supreme Court, increased executive and legislative action, and shifting political interests have all pushed issues of reproductive rights and justice to the forefront of contemporary discourse.

It seems unthinkable that citizens of one of the most powerful nations in the world must risk their lives and livelihoods in the search for access to necessary health care. And yet it is no surprise that in many places throughout the United States, getting an abortion can be a monumental challenge. Anti-choice politicians and activists have worked tirelessly to impose needless restrictions on this straightforward medical procedure that, at best, delay it and, at worst, create medical risks and deny women their constitutionally protected right to choose. Obstacle Course tells the story of abortion in America, capturing a disturbing reality of insurmountable barriers people face when trying to exercise their legal rights to medical services. Authors David S. Cohen and Carole Joffe lay bare the often arduous and unnecessarily burdensome process of terminating a pregnancy: the sabotaged decision-making, clinics in remote locations, insurance bans, harassing protesters, forced ultrasounds and dishonest medical information, arbitrary waiting periods, and unjustified procedure limitations. Based on patients’ stories as well as interviews with abortion providers and allies from every state in the country, Obstacle Course reveals the unstoppable determination required of women in the pursuit of reproductive autonomy as well as the incredible commitment of abortion providers. Without the efforts of an unheralded army of medical professionals, clinic administrators, counselors, activists, and volunteers, what is a legal right would be meaningless for the almost one million people per year who get abortions. There is a better way—treating abortion like any other form of health care—but the United States is a long way from that ideal.

Understanding the social history and urgent social implications of gendered compulsory birth control, an unbalanced and unjust approach to pregnancy prevention. The average person concerned about becoming pregnant spends approximately thirty years trying to prevent conception. People largely do so alone using prescription birth control, a situation often taken for granted in the United States as natural and beneficial. In Just Get On the Pill, a keenly researched and incisive examination, Krystale Littlejohn investigates how birth control becomes a fundamentally unbalanced and gendered responsibility. She uncovers how parents, peers, partners, and providers draw on narratives of male and female birth control methods to socialize cisgender women into sex and ultimately into shouldering the burden for preventing pregnancy. Littlejohn draws on extensive interviews to document this gendered compulsory birth control--a phenomenon in which people who give birth are held accountable for preventing and resolving pregnancies in gender-constrained ways. She shows how this gendered approach encroaches on reproductive autonomy and poses obstacles for preventing disease. While diverse cisgender women are the focus, Littlejohn shows that they are not the only ones harmed by this dynamic. Indeed, gendered approaches to birth control also negatively impact trans, intersex, and gender nonconforming people in overlooked ways. In tracing the divisive politics of pregnancy prevention, Littlejohn demonstrates that the gendered division of labor in birth control is not natural. It is unjust.

While most people believe that the movement to secure voluntary reproductive control for women centered solely on abortion rights, for many women abortion was not the only, or even primary, focus. Jennifer Nelson tells the story of the feminist struggle for legal abortion and reproductive rights in the 1960s, 1970s, and early 1980s through the particular contributions of women of color. She explores the relationship between second-wave feminists, who were concerned with a woman's right to choose, Black and Puerto Rican Nationalists, who were concerned that Black and Puerto Rican women have as.

The 1960s revolutionized American contraceptive practice. Diaphragms, jellies, and condoms with high failure rates gave way to newer choices of the Pill, IUD, and sterilization. Fit to Be Tied provides a history of sterilization and what would prove to become, at once, socially divisive and a popular form of birth control.
During the first half of the twentieth century, sterilization (tubal ligation and vasectomy) was a tool of eugenics. Individuals who endorsed crude notions of biological determinism sought to control the reproductive decisions of women they considered "unfit" by nature of race or class, and used surgery to do so. Incorporating first-person narratives, court cases, and official records, Rebecca M. Kluchin examines the evolution of forced sterilization of poor women, especially women of color, in the second half of the century and contrasts it with demands for contraceptive sterilization made by white women and men. She chronicles public acceptance during an era of reproductive and sexual freedom, and the subsequent replacement of the eugenics movement with "neo-eugenic" standards that continued to influence American medical practice, family planning, public policy, and popular sentiment.

Examines public discourse from the Progressive Era over the state’s right to regulate women’s bodies and their reproduction.
When Justice Oliver Wendell Holmes determined in 1927 that sterilization was a legitimate means of safeguarding the nation’s health, he was asserting the state’s right to regulate the production of the national body. His opinion represented a culmination of arguments about reproduction and immigration that had been circulating for years but that intensified during the Progressive Era. Arguments about reproductive and immigration practices surged to the foreground, and tectonic shifts in the conceptual schemes and practices of reproduction in the United States followed.
Drawing on feminist historiography and genre studies, Corporal Rhetoric: Regulating Reproduction in the Progressive Era explores the rhetoric of medical research, new technologies, and material practices that shifted the idea of childbirth as an act of God or Nature to a medical procedure enacted by male physicians on the bodies of women made passive by both drugs and discourse. Barbara Schneider considers how efficiency, the hallmark of scientific management, was raised to a cardinal virtue by its inclusions in the powerful mediums of presidential speeches, national educational policies, and eugenics discourse to reclassify babies, long regarded as gifts, as either valuable assets or defective products.
Schneider shows how the legal system drew upon medicine, scientific management, and the emerging discipline of sociology to restrict women’s labor in order to preserve reproductive capacity, categorized by Supreme Court opinions as a public good rather than a private capacity. Throughout, she ties the arguments developed during this era to current debates about mothering rhetorics, reproductive rights, immigration, and conceptions of the nation.
By weaving together medical research reports, clinical practices, case studies, legal opinions and legislative acts, and the epistemology of scientific management, Schneider illuminates the network that women such as Margaret Sanger, Jane Addams, Lillian Gilbreth and multiple others negotiated as they sought to give women room to exercise their reproductive capacity. Through her analysis of the machinery of these discourses and the material uptake of their genres in the daily practices of reproductive bodies, Schneider offers a provisional theory of corporal rhetoric that begins to answer the call for a new material theory of the body.

Utilizing a breadth of archival sources from activists, artists, and policymakers, Teenage Dreams examines the race- and class-inflected battles over adolescent women's sexual and reproductive lives in the late twentieth and early twenty-first century United States. Charlie Jeffries finds that most adults in this period hesitated to advocate for adolescent sexual and reproductive rights, revealing a new culture war altogether--one between adults of various political stripes in the cultural mainstream who prioritized the desire to delay girlhood sexual experience at all costs, and adults who remained culturally underground in their support for teenagers' access to frank sexual information, and who would dare to advocate for this in public. The book tells the story of how the latter group of adults fought alongside teenagers themselves, who constituted a large and increasingly visible part of this activism. The history of the debates over teenage sexual behavior reveals unexpected alliances in American political battles, and sheds new light on the resurgence of the right in the US in recent years.

Today all politics are reproductive politics, argues esteemed feminist critic Laura Briggs. From longer work hours to the election of Donald Trump, our current political crisis is above all about reproduction. Households are where we face our economic realities as social safety nets get cut and wages decline. Briggs brilliantly outlines how politicians' racist accounts of reproduction-stories of Black "welfare queens" and Latina "breeding machines";-were the leading wedge in the government and business disinvestment in families. With decreasing wages, rising McJobs, and no resources for family care, our households have grown ever more precarious over the past forty years in sharply race-and class-stratified ways. This crisis, argues Briggs, fuels all others-from immigration to gay marriage, anti-feminism to the rise of the Tea Party.

Reproductive Justice is a first-of-its-kind primer providing a comprehensive yet succinct description of the field. Written by two legendary scholar-activists, Reproductive Justice introduces students to an intersectional analysis of race, class, and gender politics. Clearly showing how reproductive justice is a political movement of reproductive rights and social justice, the authors illuminate how, for example, a low-income, physically -disabled woman, living in West Texas with no viable public transportation, no healthcare clinic, and no living-wage employment opportunities, faces a complex web of structural obstacles as she contemplates her sexual and reproductive intentions. Putting the lives and lived experience of women of color at the center of the book, and using a human rights analysis, the authors show how reproductive justice is significantly different from the pro-choice/anti-abortion debates that have long-dominated the headlines and mainstream political conflict. In a period in which women's reproductive lives are imperiled, Reproductive Justice provides an essential guide to understanding and mobilizing around women's rights in the 21st century. Reproductive Justice: A New Vision for the 21st Century Series publishes works that explore the contours and content of reproductive justice.

This anthology assembles two decades' of work initiated by SisterSong Women of Color Health Collective, creators of the human rights-based "reproductive justice" framework to move beyond pro-choice/pro-life debates. Rooted in Black feminism and built on intersecting identities, this framework asserts a woman's right to have children, to not have children, and to parent and provide for the children they have. This crucial expansion on social justice discourse explores practical applications for activist thought migrating from the community into the academy.

The public debate on abortion stretches back much further than Roe v. Wade, to long before the terms "pro-choice" and "pro-life" were ever invented. Yet the ways Americans discussed abortion in the early decades of the twentieth century had little in common with our now-entrenched debates about personal responsibility and individual autonomy. Abortion in the American Imagination returns to the moment when American writers first dared to broach the controversial subject of abortion. What was once a topic avoided by polite society, only discussed in vague euphemisms behind closed doors, suddenly became open to vigorous public debate as it was represented everywhere from sensationalistic melodramas to treatises on social reform. Literary scholar and cultural historian Karen Weingarten shows how these discussions were remarkably fluid and far-ranging, touching upon issues of eugenics, economics, race, and gender roles. Weingarten traces the discourses on abortion across a wide array of media, putting fiction by canonical writers like William Faulkner, Edith Wharton, and Langston Hughes into conversation with the era's films, newspaper articles, and activist rhetoric. By doing so, she exposes not only the ways that public perceptions of abortion changed over the course of the twentieth century, but also the ways in which these abortion debates shaped our very sense of what it means to be an American.

The 1960's revolutionized American contraceptive practice. Diaphragms, jellies, and condoms with high failure rates gave way to newer choices of the Pill, IUD, and sterilization. Fit to Be Tied provides a history of sterilization and what would prove to become, at once, socially divisive and a popular form of birth control. During the first half of the twentieth century, sterilization (tubal ligation and vasectomy) was a tool of eugenics. Individuals who endorsed crude notions of biological determinism sought to control the reproductive decisions of women they considered "unfit" by nature of race or class, and used surgery to do so. Incorporating first-person narratives, court cases, and official records, Rebecca M. Kluchin examines the evolution of forced sterilization of poor women, especially women of color, in the second half of the century and contrasts it with demands for contraceptive sterilization made by white women and men. She chronicles public acceptance during an era of reproductive and sexual freedom, and the subsequent replacement of the eugenics movement with "neo-eugenic" standards that continued to influence American medical practice, family planning, public policy, and popular sentiment.

In this important study of the abortion controversy in the United States, Kristin Luker examines the issues, people, and beliefs on both sides of the abortion conflict. She draws data from twenty years of public documents and newspaper accounts, as well as over two hundred interviews with both pro-life and pro-choice activists. She argues that moral positions on abortion are intimately tied to views on sexual behavior, the care of children, family life, technology, and the importance of the individual.

Linda Gordon's classic study, The Moral Property of Women, is the most complete history of birth control ever written. It covers the entire history of the intense controversies about reproductive rights that have raged in the United States for more than 150 years, from the earliest attempts of women to organize for the legal control of their bodies to the effects of second-wave feminism. Gordon defines the role that birth control has played in society's attitudes toward women, sexuality, and gender equality, arguing that reproductive control has always been central to women's status. She shows how opposition to it has long been part of the conservative opposition to gender equality.

Tiny You tells the story of one of the most successful political movements of the twentieth century: the grassroots campaign against legalized abortion. While Americans have rapidly changed their minds about sex education, pornography, arts funding, gay teachers, and ultimately gay marriage, opposition to legalized abortion has only grown. As other socially conservative movements have lost young activists, the pro-life movement has successfully recruited more young people to their cause. Jennifer L. Holland explores why abortion dominates conservative politics like no other cultural issue. Looking at anti-abortion movements in four western states since the 1960s--turning to the fetal pins passed around church services, the graphic images exchanged between friends, and the fetus dolls given to children in school--she argues that activists made fetal life feel personal to many Americans. Pro-life activists persuaded people to see themselves in the pins, images, and dolls they held in their hands and made the fight against abortion the primary bread-and-butter issue for social conservatives. Holland ultimately demonstrates that the success of the pro-life movement lies in the borrowed logic and emotional power of leftist activism.

Explores the social world where abortion politics and mainstream medicine collide. The author interviewed physicians of obstetrics and gynecology around the United States to find out why physicians rarely integrate abortion into their medical practice. While abortion stigma, violence, and political contention provide some explanation, her findings demonstrate that willing physicians are further encumbered by a variety of barriers within their practice environments.
Structural barriers to the mainstream practice of abortion effectively institutionalize the buck-passing of abortion patients to abortion clinics. As the author notes, "Public-health-minded HMOs and physician practices could significantly change the world of abortion care if they stopped outsourcing it."
Drawing from forty in-depth interviews, the book presents a challenge to a commonly held assumption that physicians decide whether or not to provide abortion based on personal ideology. Physician narratives demonstrate how their choices around learning, doing, and even having abortions themselves disrupt the pro-choice/pro-life moral and political binary.