Books
Roe: The History of a National Obsession, January 2023
What explains the insistent pull of Roe v. Wade? Abortion law expert Mary Ziegler argues that the U.S. 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.
Dollars for Life: The Anti-Abortion Movement and the Fall of the Republican Establishment, June 2022
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 U.S. 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.
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With the Supreme Court likely to reverse the landmark abortion decision Roe v. Wade, 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.
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Beyond Abortion: Roe v. Wade and the Battle for Privacy, February 2018
For most Americans today, Roe v. Wade concerns just one thing: the right to choose abortion. But the Supreme Court’s decision once meant much more. As Mary Ziegler demonstrates, Roe’s privacy rationale attracted a wide range of citizens demanding social changes unrelated to abortion. Movements questioning hierarchies based on sexual orientation, profession, class, gender, race, and disability drew on Roe to argue for an autonomy that would give a voice to the vulnerable. So did advocates seeking expanded patient rights and liberalized euthanasia laws. Right-leaning groups also invoked Roe’s right to choose, but with a different agenda: to attack government involvement in consumer protection, social welfare, racial justice, and other aspects of American life. By recovering the diversity of responses to Roe, and the legal and cultural battles it energized, Ziegler challenges readers to come to terms with the uncomfortable fact that privacy belongs to no party or cause.
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After Roe cuts through the myths and misunderstandings to present a clear-eyed account of cultural and political responses to the landmark 1973 ruling in the decade that followed. The grassroots activists who shaped the discussion after Roe, Mary Ziegler shows, were far more fluid and diverse than the partisans dominating the debate today. In the early years after the decision, advocates on either side of the abortion battle sought common ground on issues from pregnancy discrimination to fetal research. Drawing on archives and more than 100 interviews with key participants, Ziegler’s revelations complicate the view that abortion rights proponents were insensitive to larger questions of racial and class injustice, and expose as caricature the idea that abortion opponents were inherently anti-feminist. But over time, “pro-abortion” and “anti-abortion” positions hardened into “pro-choice” and “pro-life” categories in response to political pressures and compromises. This increasingly contentious back-and-forth produced the interpretation now taken for granted―that Roe was primarily a ruling on a woman’s right to choose.
