Controlling women What we must do now to save reproductive freedom

Kathryn Kolbert

Book - 2021

"While Roe v. Wade is a household name in America, few are aware of the impact of Planned Parenthood v. Casey, the Supreme Court's 1992 ruling that preserved but redefined and substantially limited abortion rights, especially for the most marginalized women. Casey rather than Roe has established the constitutional standards that today govern abortion in the U.S. When pundits talk about the reversal of Roe, they really mean the reversal of Casey. Within the next two years and likely far sooner, we are going to lose the protections of Roe and Casey. Through state legislation, the appointment of hundreds of anti-abortion federal judges, and the rapidly changing makeup of the Supreme Court, reproductive freedom has never been in more ...dire straits. Legal titans Kathryn Kolbert and Julie F. Kay share the story of one of the most divisive issues in American politics through behind-the-scenes personal narratives of the stunning losses and hard-earned victories in landmark abortion rights cases. They chronicle how a convergence of Supreme Court appointments and the strategies of political movements on both sides of this contentious debate have led us to a make-or-break moment for legal abortion in the United States. Most urgently, they propose a bold new strategy for engaging a fresh generation and broadening the scope of abortion rights supporters"--

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Subjects
Published
New York : Hachette Books 2021.
Language
English
Main Author
Kathryn Kolbert (author)
Other Authors
Julie F. Kay (author)
Edition
First edition
Physical Description
viii, 296 pages, 8 unnumbered pages of plates : illustrations (chiefly color) ; 22 cm
Bibliography
Includes bibliographical references (pages 237-281) and index.
ISBN
9780306925634
  • Introduction
  • 1. Gender, Sex, Race, and Power: Why Abortion Matters
  • 2. A Texas-Sized Win: Roe v. Wade
  • 3. A High Five from the Supremes: The Surprising Story of Planned Parenthood v. Casey (Kitty)
  • 4. A Roe-Shaped Piñata: Five Decades of Abortion Litigation in the US
  • 5. Dr. Jekyll and Representative Hyde: The Battle over Government Funding for Abortion
  • 6. The Kids Are Not All Right: States Limit Teen Access to Sex Education, Birth Control, and Abortion
  • 7. Death by a Thousand Pinpricks: Attacks on Clinics and Doctors Move Abortion Further Out of Reach
  • 8. In-Your-Face Politics: Abortion Bans Inflame the Debate
  • 9. A Wolf at the Door: New Supreme Court Majority Puts Procreative and Sexual Freedoms at Risk
  • 10. Meanwhile, Across the Pond: A Human Rights Approach to Abortion (Julie)
  • 11. New Tactics, New Triumphs: Now It's Time for Big Ambitions
  • 12. Give Me an Al: Abortion Access for All
  • 13. And the Nominees Are ... : Ten Steps Forward
  • 14. Fueling an Audacious and Inclusive Movement: Reproductive Freedom in the Twenty-First Century
  • Acknowledgments
  • Authors' Note
  • Notes
  • Index
Review by Booklist Review

In their passionate, informative debut, reproductive rights lawyers Kay and Kolbert explain how an "ultra-conservative majority now dominates the Supreme Court," threatening the protections Roe v. Wade has afforded women seeking abortions for the last 48 years. The authors organize chapters by reproductive rights issues, highlighting the court cases that shape them including cases they worked on such as Planned Parenthood v. Casey and 2020's June Medical Services, LLC v. Russo, as well as A, B, and C v. Ireland, which helped lay the groundwork for legalizing abortion in Ireland. They analyze the effective strategies used in court but also their shortcomings, and repeatedly extol a gender equity amendment as the only way to protect reproductive rights indefinitely. The authors propose actions for activists, but the suggestions focus heavily on litigation strategies which are less helpful for the casual reader. A solid primer on reproductive rights litigation and the path forward. Readers will want to pair this with The Turnaway Study (2020), by Diana Greene Foster and Killing the Black Body (1997), by Dorothy E. Roberts for more perspective.

From Booklist, Copyright (c) American Library Association. Used with permission.
Review by Publisher's Weekly Review

In light of the threat that the Supreme Court's new "ultra-conservative majority" poses to Roe v. Wade, attorneys Kolbert, who cofounded the Center for Reproductive Rights, and Kay, who argued against Ireland's total ban on abortion at the European Court of Human Rights, make a powerful case for rethinking the legal and political strategies "for gaining equal access to a wider range of reproductive freedoms." The authors discuss their work on key cases including Planned Parenthood v. Casey (1992), describe the targeting of state laws that restrict abortion access as legal "whack-a-mole," and note that 10 state legislatures have already passed "trigger laws" that will effectively ban abortion if and when Roe is overturned. They propose a set of ambitious legislative tactics to replace the rallying cry of "save Roe," including a Gender Equity Amendment to the U.S. Constitution; the repeal of the Hyde Amendment, which prohibits the use of federal funds to pay for abortion services; and an explicit shield against criminal liability for women who have abortions. Kolbert and Kay also call on activists and policymakers to widen the reproductive rights agenda to include affordable childcare, reducing maternal and infant mortality rates, and improved sex education. This impassioned and well-argued rallying cry rings loud and clear. (July)

(c) Copyright PWxyz, LLC. All rights reserved
Review by Library Journal Review

Kolbert and Kay, both attorneys who have spent their legal careers in service of reproductive justice, co-author a concise and pragmatic discourse on abortion rights. Their book is neither reassuring nor despairing, and the authors outline steps for activists to take in the event that Roe v. Wade is overturned by a conservative federal judiciary. Kolbert and Kay write that Roe's overturn is an inevitability, not a fear or suspicion. Their book is not intended to convince anti-abortion stalwarts to change their minds; it is written as a blueprint for advocates of reproductive justice. The steps it outlines go beyond access to contraception or abortion clinics; taking a holistic approach, it emphasizes the need for universal health care and affordable child care. Kolbert and Kay note throughout the book that the people most impacted by a ban on abortion will be people of color and impoverished people in rural areas, as part of their argument that reproductive justice activism must factor in the needs of LGBTQ families and be trans-inclusive. VERDICT The authors make clear that the ability to determine for oneself how and when to bear children is a human right and is essential to a person's agency over their own life and future. An essential guide; recommended for all collections.--Barrie Olmstead, Lewiston P.L., ID

(c) Copyright Library Journals LLC, a wholly owned subsidiary of Media Source, Inc. No redistribution permitted.
Review by Kirkus Book Review

Two legal titans who have been defending abortion rights for decades catch us up on the current disaster and plot the road ahead. In 1992, Kolbert argued Planned Parenthood v. Casey, the case credited with saving Roe v. Wade, and Kay was instrumental in the legalization of abortion in Ireland. As they note at the beginning, they were motivated to write this book "because we both knew the Supreme Court was not the place to go to protect, never mind expand, abortion rights. We were tired of our movement repeatedly banging its head against the Court's marble walls and sought to strategize an affirmative path forward." Then, as they were writing, the appointment of Justice Amy Coney Barrett made the conservative majority absolute and the demise of Roe more likely. Yet as the authors point out, abortion is a common medical procedure for women: Nearly 1 in 4 has an abortion by age 45. As such, "the abortion debate is an embodiment of the conflict between traditional and more modern concepts of gender roles." By placing abortion in a human rights context--thus connecting it to racial inequality, homophobia, transphobia, and misogyny in general--Kolbert and Kay "offer an opportunity to dream bigger and differently and to bring in new allies." They share the firsthand stories of their landmark cases as well as heartbreaking dramas from the front lines. These include the bribing of the original Jane Roe by conservatives to flip her position on abortion; kidnapping charges against a woman who tried to help a pregnant 13-year-old; the senseless death of a young mother who was refused a medically necessary abortion; and the incarceration of a woman who ordered abortion medication for her daughter. In the closing chapters, the authors speak directly to current and potential activists, sharing the "big dreams" mentioned earlier--e.g., the EACH Woman Act (Equal Access to Abortion Coverage in Health Insurance)--and many other practical ideas. A knowledgeable, essential reframing of an incendiary issue based on common sense, historical fact, and simple decency. Copyright (c) Kirkus Reviews, used with permission.

Copyright (c) Kirkus Reviews, used with permission.