In Search of Common Ground on Abortion: From Culture War to Reproductive Justice

196 Pages·2014·2.956 MB·English

by  Robin West, Justin Murray, Meredith Esser (eds.)

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IN SEARCH OF COMMON GROUND ON ABORTION
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Gender in Law,
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Essm, I Vulnerability: Relections on a New Ethical Foundation for Law and Politics
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© As Edited by Marie A. Failinger, Elizabeth R. Schiltz and Susan J. Stabile
ISBN 9781409444190
In Search of Common Ground on
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© Robin West, Justin Murray and Meredith Esser 2014
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ucti recording or otherwise without the prior permission of the publisher.
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ar to Designs and Patents Act, 1988, to be identiied as the editors of this work.
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on A catalogue record for this book is available from the British Library
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of In search of common ground on abortion : from culture war to reproductive justice / by
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c Robin West, Justin Murray and Meredith Esser.
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Se pages cm. -- (Gender in law, culture, and society)
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h, 47 Esser, Meredith B., editor of compilation. III. West, Robin, 1954- editor of compilation.
MereditN: 9781 KF3771.I5 2014
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Essm, I 2013033242
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Robin; Publishi
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Printed in the United Kingdom by Henry Ling Limited,
at the Dorset Press, Dorchester, DT1 1HD
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usti Contents
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ar to Notes on Contributors vii
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ult Introduction 1
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Fr 1 From Choice to Reproductive Justice:
on : De-Constitutionalizing Abortion Rights 19
orti Robin West
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d o 2 The Price of Pleasure 53
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u Shari Motro
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mo 3 Abortion Rhetoric and Child Custody Laws for Women Who
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o Mother Through Rape 89
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of Shauna R. Prewitt*
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e 4 Toward Common Ground on Policies Advancing Reproductive
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4, In Justice 109
1 Dorothy Roberts
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MereditN: 9781 Elizabeth R. Schiltz
er, SB 6 Supporting Pregnant Women and Their Families to Reduce the
Essm, I Abortion Rate 143
n; ha Kristen Day
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y, d, 7 Can a Catholic Realist Approach Aid in the Effort to Find
urrag Lt Common Ground in Debates About Abortion? 159
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Robin; Publishi Susan J. Stabile
West, hgate Index 185
© As
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stic Notes on Contributors
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ar to Editors
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ure Meredith Esser is a litigation associate at Arnold & Porter LLP. She received
ult her J.D. degree from the Georgetown University Law Center, where she served
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m as president of Law Students for Reproductive Justice and represented indigent
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Fr clients in the District of Columbia as part of the Law Students in Court Legal
on : Clinic. Upon graduation, she clerked on the US Court of Appeals for the Eleventh
orti Circuit and the Superior Court of the District of Columbia.
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d o Justin Murray is an appellate attorney at the Public Defender Service for the
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u District of Columbia. After receiving his J.D. degree from the Georgetown
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mo Progressive Alliance for Life, he worked as a law clerk on the US Court of Appeals
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of articles on the constitutional status of the right to abortion, the intersection of legal
ch ethics and racial justice, and criminal procedure.
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4, In Robin West is Frederick Haas Professor of Law and Philosophy at the Georgetown
1 University Law Center, where she has taught since 1986. She previously taught at
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© As husband and three children.
viii In Search of Common Ground on Abortion
e Shari Motro teaches tax, mindfulness, and related courses at the University of
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usti Richmond School of Law. She is the author of West’s Income Tax Map: A Bird’s-
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ar to New York Times, Wall Street Journal, and Boston Globe, among other venues.
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ure Shauna R. Prewitt is an associate at Skadden, Arps, Slate, Meagher & Flom
ult LLP. Her pro bono and academic work are focused largely on the legal rights of
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m women who mother through rape. In this area, Ms. Prewitt is the nationwide expert.
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on : Dorothy Roberts is the fourteenth Penn Integrates Knowledge Professor, George
orti A. Weiss University Professor, and the inaugural Raymond Pace and Sadie Tanner
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A Mossell Alexander Professor of Civil Rights at University of Pennsylvania,
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d o where she holds appointments in the Law School and Departments of Africana
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u Studies and Sociology. She is the author of the award-winning books Killing the
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mo Pantheon, 1997) and Shattered Bonds: The Color of Child Welfare (Basic Books/
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o Civitas, 2002), as well as co-editor of six books on constitutional law and gender.
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ch journals, including Harvard Law Review, Yale Law Journal, and Stanford Law
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e Review. Her latest book, Fatal Invention: How Science, Politics, and Big Business
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4, In Re-create Race in the Twenty-First Century, was published by the New Press in
1 July 2011.
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(Oxford University Press, 2013). She is co-editor (along with Marie Failinger
and Elizabeth R. Schiltz) of Feminism, Law, and Religion, published by Ashgate
in 2013.
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stic Introduction
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ult This collection of chapters stems from a symposium that was held at the
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m Georgetown University Law Center in the fall of 2009. Originally titled “A New
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Fr Abortion Debate,” the goal of the symposium was to bring together pro-choice
on : and pro-life scholars in an effort to explore the common philosophical, moral, or
orti political ground that might be shared by these groups who so rarely come together,
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n and more generally to support new and emerging scholarship that is self-relective
d o on the issue of abortion. The symposium included scholars working on common
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mo themes. This collection includes work from some of the scholars who participated
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of the same. Taken collectively, the chapters explore the possibilities for cultural,
ch philosophical, moral, and political common ground on the subjects of abortion and
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4, In The position of the three editors is that any common ground project such as
1 this one in this contentious area must emerge from joint relection and genuine
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Essm, I that set of comments, we then briely summarize the chapters.
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© As appropriate link between sex and reproduction, and the moral stature of unborn
human life. As a result, many social practices that were once unthinkable are now
familiar features of American life. Women work side-by-side with men in virtually
every sector of the economy. The vast majority of sexually active Americans use