Rethinking Abortion

Equal Choice, the Constitution, and Reproductive Politics

By: Mark Graber

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Paperback | 22 June 1999

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256 Pages

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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. Steering away from metaphysical critiques of privacy, Graber compares the philosophical, constitutional, and democratic merits of the two systems of abortion regulation witnessed 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 commitment to equal justice. 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.

Abortion should remain legal, Graber argues, because statutory bans on abortion 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 enforcement officials who routinely ignored and sometimes assisted those physicians seeking to terminate pregnancies for their private patients too often prevented competent abortionists 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.

Industry Reviews

"[Mark Graber's] pragmatic interpretation of abortion law and politics is interesting, concisely written, and well researched... Its combination of concrete analysis and theoretical insights should provide for a productive discussion."--Timothy L. Smith, The Law and Politics Book Review "In this extremely interesting and well-written book, Mark Graber maintains that the abortion debate has bogged down. He wants to try a new approach, one that is both pragmatic and, he hopes, likely to appeal to those Americans who, like him, believe that abortion is morally wrong, but should be legal."--Bonnie Steinbock, Ethics

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Acknowledgments	p. ix
Introduction Sublime Theories, Ugly Facts	p. 3
The Argument for Equal Choice	p. 8
Things to Come	p. 12
The Clash of Absolutes Revisited	p. 16
The Clash of Absolutes	p. 16
Abortion Law in Books	p. 18
The Looking Glass World of Abortion Advocacy	p. 20
The Theoretical Impasse	p. 37
Abortion Law in Action	p. 39
Abortion Past	p. 41
Abortion Present	p. 64
Abortion Future	p. 72
Equal Choice	p. 76
Equal Justice under Law	p. 76
Constitutional Equality	p. 79
Discriminatory State Action	p. 84
Judicial Review	p. 96
Slaughtering the Company: The Prudential Case against Equal Choice	p. 103
The Simple Justice of General Laws	p. 106
Rule by Law	p. 108
By the Law of the Land	p. 108
Rule by Law versus Rule by Discretion	p. 109
Judicial Rule by Law	p. 114
Law Enforcement in a Democracy	p. 115
Realizing Equal Choice Persuasion and Politics	p. 118
The Critique of Pure Litigation	p. 121
The Myth of the Pro-Choice Majority	p. 131
Rethinking Abortion Politics	p. 142
Pro-Choice Strategy and the New Deal Party System	p. 153
Conclusion The Allure of Pro-Life	p. 157
Notes	p. 161
Bibliography	p. 209
Index of Cases	p. 237
General Index	p. 240
Table of Contents provided by Publisher. All Rights Reserved.

Rethinking Abortion

Equal Choice, the Constitution, and Reproductive Politics

At a Glance

Paperback

Industry Reviews

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How to return your order

Defective items

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