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- Seth Millstein
- A fetus is a human being, and human beings have the right to life, so abortion is murder. The Pro-Choice Argument: I'm probably not going to convince you that a fetus isn't a life, as that's basically the most intractable part of this whole debate, so I'll be brief
- If a woman is willing to have sex, she's knowingly taking the risk of getting pregnant, and should be responsible for her actions.
- But I'm OK with abortions in cases of rape. The Pro-Choice Argument: Why only in those cases? Are the lives of children who were conceived by rape worth less than the lives of children who were willfully conceived?
- "If it's a legitimate rape, the female body has ways to try to shut that whole thing down." Your Response: Go home, Todd Akin, you're drunk.
- Introduction
- I. Equality Arguments For Abortion Rights
- II. Equality Arguments in Legal Doctrine
- III. The Political Authority of The Equal Protection Clause
- Conclusion
Roe v. Wade grounds constitutional protections for women’s decision whether to end a pregnancy in the Due Process Clauses.1 But in the four decades since Roe, the U.S. Supreme Court has come to recognize the abortion right as an equality right as well as a liberty right. In this Essay, we describe some distinctive features of equality arguments fo...
Equality arguments for abortion rights range widely but share certain core concerns.3 Sex equality arguments ask whether abortion restrictions are shaped solely by the state’s interest in protecting potential life, or whether such laws might also reflect constitutionally suspect judgments about women. For example, does the state act consistently t...
While Roelocates the abortion right in the Due Process Clauses, the Supreme Court has since come to conceive of it as an equality right as well as a liberty right. The Court’s case law now recognizes equality arguments for the abortion right based on the Due Process Clauses. Additionally, a growing number of justices have asserted equality argumen...
We have thus far considered the distinctive concerns and grounds of equality arguments, which enable them to complement liberty arguments for abortion rights. We close by considering some distinctive forms of political authority that equality arguments confer. Some critics pejoratively refer to certain of the Court’s Due Process decisions as re...
As we have shown, equality arguments for abortion rights identify a variety of constitutional concerns raised by abortion restrictions that liberty arguments may not. Equality arguments focus on “a woman’s autonomy to determine her life’s course, and thus to enjoy equal citizenship stature.”36 This understanding has increasingly come to shape cons...
Apr 28, 2022 · Supporters of abortion should stop insisting that bans won’t be enforced against women, and should start figuring out what to do about the fact that, when abortion bans are enforced, the defendants will likely be Black and brown.
Jul 6, 2023 · In the UK, where 90% of the population are pro-choice,2 the use of an archaic Victorian era law—the Offences Against the Person Act 1861—to prosecute a vulnerable woman in 2023 left many asking how this happened and calling for urgent reform to our abortion laws.
Dec 10, 2021 · Any well-reasoned discussion of abortion policy must include contraception because abortion is about unwanted children brought on by poorly reasoned choices about sex.
Nov 30, 2023 · Professor Thomas KC critically examines the current state of abortion law in England, the Commonwealth Caribbean, and recent developments in the US. Is there a case for further liberalisation of abortion law?
As of February 2019, of 158 countries where abortion is lawful at the pregnant person's request, 28 (18%) restrict access to abortion-related information, 12 (8%) require spousal consent, and 56 (35%) permit service providers to conscientiously object provision of abortion care.
