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Rethinking Abortion - Equal Choice, the Constitution, and Reproductive Politics (Paperback, Revised)
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Rethinking Abortion - Equal Choice, the Constitution, and Reproductive Politics (Paperback, Revised)
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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 has powerful roots in the American political tradition and
that remains a major concern of the equal protection clause of the
Fourteenth Amendment.
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