The Yale Law Journal

Reproductive Rights

Review

Pregnancy, Poverty, and the State

Michele Goodwin & Erwin Chemerinsky

In this Review of Khiara Bridges’s book, The Poverty of Privacy Rights, Michele Goodwin and Erwin Chemerinsky argue that state legislatures, as well as the federal government and courts, express moral disregard and even outright contempt for poor women in multitudinous ways that include, but extend …

Forum

The Difference a Whole Woman Makes: Protection for the Abortion Right After Whole Woman’s Health

Linda Greenhouse & Reva B. Siegel

As the case that became Whole Woman’s Health worked its way to the Supreme Court, few were confident about how the Court would respond to a law, enacted in the name of protecting women’s health, that would predictably shut most of a state’s abortion clinics. All agreed that the governing standard wa…

Note

Border Checkpoints and Substantive Due Process: Abortion Rights in the Border Zone

Kate Huddleston

This Note assesses the constitutionality of Texas House Bill 2 (H.B. 2), which regulates abortion providers, as applied to clinics located in the area between the state’s border with Mexico and internal federal immigration checkpoints. Should these statutory provisions go into …

Feature

Casey and the Clinic Closings: When “Protecting Health” Obstructs Choice

Linda Greenhouse & Reva B. Siegel

We offer a fresh understanding of how the Supreme Court’s abortion jurisprudence addresses laws that invoke not potential life, but women’s health as a reason to single out abortion for burdensome regulation that has the effect of closing clinics. The current wave of hea…

Article

Against Immutability

Jessica A. Clarke

Courts often hold that antidiscrimination law protects “immutable” characteristics, like sex and race. In a series of recent cases, gay rights advocates have persuaded courts to expand the concept of immutability to include not just those traits an individual cannot change, but…

Note

Racial Classification in Assisted Reproduction

Dov Fox

118 Yale L.J. 1844 (2009). 

This Note considers the moral status of practices that facilitate parental selection of sperm donors according to race. Arguments about intentions and consequences cannot convincingly explain the race-conscious design of donor catalogs. This prompts us to examine the exp…

Feature

Introduction: The Constitutional Law and Politics of Reproductive Rights

Reva B. Siegel

118 Yale L.J. 1312 (2009).

Feature

How Planned Parenthood v. Casey (Pretty Much) Settled the Abortion Wars

Neal Devins

118 Yale L.J. 1318 (2009). 

More than twenty-one years after Robert Bork’s failed Supreme Court nomination and seventeen years after Planned Parenthood of Southeastern Pennsylvania v. Casey, the rhetoric of abortion politics remains unchanged. Pro-choice interests, for example, argue that states ar…

Feature

"TRAP"ing Roe in Indiana and a Common-Ground Alternative

Dawn Johnsen

118 Yale L.J. 1356 (2009).

 

 Public discourse over abortion overwhelmingly focuses on whether the Supreme Court will overrule Roe v. Wade and states will again ban abortion. But at least since 1992, when the Court in Planned Parenthood v. Casey reaffirmed Roe’s “central holding,” certain moderate…

Feature

From Choice to Reproductive Justice: De-Constitutionalizing Abortion Rights

Robin West

118 Yale L.J. 1394 (2009).

 

The Essay argues that the right to abortion constitutionalized in Roe v. Wade is by some measure at odds with a capacious understanding of the demands of reproductive justice. No matter its rationale, the constitutional right to abortion is fundamentally a negative rig…

Feature

Dignity and the Politics of Protection: Abortion Restrictions Under Casey/Carhart

Reva B. Siegel

117 Yale L.J. 1694 (2008).

This essay on the law and politics of abortion analyzes the constitutional principles governing new challenges to Roe. The essay situates the Court’s recent decision in Gonzales v. Carhart in debates of the antiabortion movement over the reach and rationale of statutes de…

Forum

The South Dakota Referendum on Abortion: Lessons from a Popular Vote on a Controversial Right

Dale A. Oesterle

Earlier this year, the South Dakota legislature passed a stiff anti-abortion bill, H.B. 1215, designed to test the durability of Roe v. Wade. Soon thereafter, the bill’s opponents collected enough signatures to put the Act on the South Dakota ballot. South Dakota voters will reject or affirm the A…

Forum

Ending Court Protection of Voters from the Initiative Process

Richard L. Hasen

When journalists write their stories about state ballot propositions in the 2006 election, they likely will focus on South Dakota’s abortion rights referendum, Michigan’s affirmative action measure, or the variety of eminent domain measures reacting to the Supreme Court’s Kelo decision. But th…

Comment

Tort Law and In Vitro Fertilization: The Need for Legal Recognition of "Procreative Injury"

Joshua Kleinfeld

115 Yale L.J. 237 (2005)

Even when the facts are humanly grievous, plaintiffs do not often win their in vitro fertilization (IVF) tort suits. In Utah, an IVF clinic fertilized a woman's eggs with the wrong man's sperm; she ultimately bore a stranger's rather than her husband's children. A New York …

Note

Privacy Rights and Abortion Outing: A Proposal for Using Common-Law Torts To Protect Abortion Patients and Staff

Alice Clapman

112 Yale L.J. 1545 (2003)

When Lori Driver, an anti-abortion activist, learned that Lisa Smith was scheduled to have an abortion the following day, Driver looked up Smith's telephone number and left her two telephone messages. Smith did not return Driver's calls, so Driver stepped up her efforts, go…

Comment

Baby Contracts

Chi Steve Kwok

110 Yale L.J. 1287 (2001)