Rethinking Abortion: Equal Choice, the Constitution, and Reproductive Politics


Mark Graber looks at the history of abortion law in action to argue that the only defensible, constitutional approach to the issue is to afford all women equal choice -- abortion should remain legal or bans should be strictly enforced. Graber compares the philosophical, constitutional, and democratic merits of the two systems of abortion regulation in the twentieth century: pre-Roe v. Wade statutory prohibitions on abortion and Roe's ban on significant state interference with the market for safe abortion services. He demonstrates that before Roe, pro-life measures were selectively and erratically administered, thereby subverting our constitutional right of equal justice under law. Claiming that these measures would be similarly administered if reinstated, the author seeks to increase support for keeping abortion legal, even among those who have reservations about its morality.

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