Reva Siegel‘s The New Politics of Abortion: An Equality-Based Analysis of Woman-Protective Abortion Restrictions, mentioned in Emily Bazelon’s recent NYT Magazine article, is now posted on SSRN. Here is the abstract:
Abstract:
With the abortion debate in stalemate over the last several decades, the antiabortion movement has become increasingly concerned to speak to voters concerned about protecting women as well as the unborn. Prohibiting abortion, the movement now emphasizes, protects women’s health and choices as mothers. The abortion ban defeated in South Dakota last November reflected this shift from fetal-focused to gender-based justifications for abortion restrictions. Woman-protective antiabortion argument now plays an important part in legislation and litigation across the nation.
Drawing on the South Dakota record, this lecture offers a first constitutional analysis of the new woman-protective justification for restricting abortion. This lecture analyzes the state interest in protecting women from abortion asserted in the South Dakota statute and legislative history, and shows that the state’s reasoning rests on gender stereotypes about women’s capacity and women’s roles.