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Rethinking : Equal Choice, the Constitution, and Reproductive Politics

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brand: princeton university press

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About the item

Used Book in Good Condition.

Mark Graber looks at the history of law in action to argue that the only defensible, constitutional approach to the issue is to afford all women equal choice-- should remain legal or bans should be strictly enforced. Steering away from metaphysical critiques of privacy, Graber compares the philosophical, constitutional, and democratic merits of the two systems of regulation witnessed in the twentieth century: pre-Roe v. Wade statutory prohibitions on and Roe's ban on significant state interference with the market for safe services. He demonstrates that before Roe, pro-life measures were selectively and erratically administered, thereby subverting our constitutional commitment to equal justice. Cling that these measures would be similarly administered if reinstated, the author seeks to increase support for keeping legal, even among those who have reservations about its morality. should remain legal, Graber argues, because statutory bans on have a history of being enforced in ways that intentionally discriminate against poor persons and persons of color. In the years before Roe, the same law officials who routinely ignored and sometimes assisted those physicians seeking to terminate pregnancies for their private patients too often prevented competent ists from offering the same services to the general public. This double standard violated the fundamental human and constitutional right of equal justice under law, a right that remains a major concern of the equal protection clause of the Fourteenth Amendment.

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