Despite the maternal medicine crisis in the U.S., especially for Black women, legislatures are challenging constitutional abortion doctrine and forcing women to interact with a system that may cost them their lives. This Article proposes that because of abysmal maternal mortality rates and the arbitrary nature of most abortion restrictions, the right to choose an abortion is embedded in our Fourteenth Amendment right to not be arbitrarily deprived of life by the State. This Article is a call to abortion advocates to begin submitting state maternal mortality data when challenging abortion restrictions. The call for attention to life was central to the holding in Roe v. Wade and is central to rebalancing the scales of reproductive justice.
Mallori D. Thompson,
The Scales of Reproductive Justice: Casey’s Failure to Rebalance Liberty Interests in the Racially Disparate State of Maternal Medicine,
Mich. J. Race & L.
Available at: https://repository.law.umich.edu/mjrl/vol26/iss1/16