The leading US expert on abortion law charts the many meanings associated with Roe v. Wade during its fifty-year history
What explains the insistent pull of Roe v. Wade? Abortion law expert Mary Ziegler argues that the US Supreme Court decision, which decriminalized abortion in 1973 and was overturned in 2022, had a hold on us that was not simply the result of polarized abortion politics. Rather, Roe took on meanings far beyond its original purpose of protecting the privacy of the doctor-patient relationship. It forced us to confront questions about sexual violence, judicial activism and restraint, racial justice, religious liberty, the role of science in politics, and much more.
In this history of what the Supreme Court’s best-known decision has meant, Ziegler identifies the inconsistencies and unsettled issues in our abortion politics. She urges us to rediscover the nuance that has long resided where we would least expect to find it—in the meaning of Roe itself.
A new understanding of the slow drift to extremes in American politics that shows how the antiabortion movement remade the Republican Party
'A sober, knowledgeable scholarly analysis of a timely issue.' -Kirkus Reviews
The modern Republican Party is the party of conservative Christianity and big business-two things so closely identified with the contemporary GOP that we hardly notice the strangeness of the pairing. Legal historian Mary Ziegler traces how the anti-abortion movement helped to forge and later upend this alliance. Beginning with the Supreme Court's landmark decision in Buckley v. Valeo, right-to-lifers fought to gain power in the GOP by changing how campaign spending-and the First Amendment-work. The anti-abortion movement helped to revolutionize the rules of money in US politics and persuaded conservative voters to fixate on the federal courts. Ultimately, the campaign finance landscape that abortion foes created fueled the GOP's embrace of populism and the rise of Donald Trump. Ziegler offers a surprising new view of the slow drift to extremes in American politics-and explains how it had everything to do with the strange intersection of right-to-life politics and campaign spending.
With the Supreme Court likely to reverse Roe v. Wade, the landmark abortion decision, American debate appears fixated on clashing rights. The first comprehensive legal history of a vital period, Abortion and the Law in America illuminates an entirely different and unexpected shift in the terms of debate. Rather than simply championing rights, those on opposing sides battled about the policy costs and benefits of abortion and laws restricting it. This mostly unknown turn deepened polarization in ways many have missed. Never abandoning their constitutional demands, pro-choice and pro-life advocates increasingly disagreed about the basic facts. Drawing on unexplored records and interviews with key participants, Ziegler complicates the view that the Supreme Court is responsible for the escalation of the conflict. A gripping account of social-movement divides and crucial legal strategies, this book delivers a definitive recent history of an issue that transforms American law and politics to this day.
