Reproductive Rights: Past, Present, Future

• Women's Empowerment Conference Workshop
• Year 4

Reproductive Rights:

Past, Present, Future

Dr. Dana Horton, Dr. Maureen MacLeod & Dr. Caitlin Wiesner

Seventh Annual Mercy College Women's Empowerment Conference

March 17, 2023

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When you think about the state of
reproductive rights
in the U.S. today,
what words come to mind?

We hold that Roe and Casey must be overruled. The Constitution makes no reference to abortion, and no such right is implicitly protected by any constitutional provision, including the one on which the defenders of Roe and Casey now chiefly rely—the Due Process Clause of the Fourteenth Amendment. That provision has been held to guarantee some rights that are not mentioned in the Constitution, but any such right must be “deeply rooted in this Nation’s history and tradition” and “implicit in the concept of ordered liberty.”

The right to abortion does not fall within this category. Until the latter part of the 20th century, such a right was entirely unknown in American law. We hold that Roe and Casey must be overruled. The Constitution makes no reference to abortion, and no such right is implicitly protected by any constitutional provision, including the one on which the defenders of Roe and Casey now chiefly rely—the Due Process Clause of the Fourteenth Amendment. That provision has been held to guarantee some rights that are not mentioned in the Constitution, but any such right must be “deeply rooted in this Nation’s history and tradition” and “implicit in the concept of ordered liberty.”

The right to abortion does not fall within this category. Until the latter part of the 20th century, such a right was entirely unknown in American law.

"We hold that Roe and Casey must be overruled. The Constitution makes no reference to abortion, and no such right is implicitly protected by any constitutional provision, including the one on which the defenders of Roe and Casey now chiefly rely—the Due Process Clause of the Fourteenth Amendment. That provision has been held to guarantee some rights that are not mentioned in the Constitution, but any such right must be 'deeply rooted in this Nation’s history and tradition' and 'implicit in the concept of ordered liberty.'

The right to abortion does not fall within this category. Until the latter part of the 20th century, such a right was entirely unknown in American law."

- Justice Samuel Alito, Majority Opinion in Dobbs v. Jackson Women's Health Center (2022)

In 1821, the Connecticut General Assembly became the first U.S. state to outlaw abortion after "quickening," or the first time a woman can detect fetal movement.

At what stage of pregnancy does "quickening" usually occur?

1. 6-8 weeks
2. 12-14 weeks
3. 18-20 weeks
4. 26 to 28 weeks

According to the Chicago Medical Society, how many abortion seekers in the late 19th and early 20th century were married women?

1. 20 %
2. 40 %
3. 60 %
4. 80 %

After Roe v. Wade (1973), the mortality rate for abortions fell to 1.3 deaths per 100,000 cases. What had the mortality rate been prior to the decision?

1. 10 per 100,000
2. 30 per 100,000
3. 50 per 100,000
4. 70 per 100,000

True or False:
The Hyde Amendment, passed by Congress in 1976, allowed federal Medicaid funds to pay for abortion

1. True
2. False

Which tactic was not used by "Operation Rescue" between 1980 and the early 2000s to end abortion?

1. Handing out dolls and pins made to resemble a fetus in utero
2. Comparing abortion in America to the Holocaust and racial slavery.
3. Distributing condoms and other forms of birth control on college campuses
4. Assaulting, kidnapping, and murdering abortion providers

In 2023, how many countries in the world have on-request access to abortion?

1. 86
2. 67
3. 43
4. 29

In how many counties is the pill available over-the-counter (i.e. without a doctor's prescription)?

1. 25
2. 48
3. 81
4. 100

What was the maternal mortality rate in the United States in 2017 (per 100,000 births)?

1. 19
2. 17
3. 10
4. 13

What does a world that values women's rights look like?

Helpful Links

"The Dobbs Decision Reminds Us Feminism Must Be Global and Intersectional," Ms. Magazine , August 17, 2022.

"On Dobbs: It’s Time for White Feminists to Show They Care About More Than Themselves," Brown Political Review, November 1, 2022.

"How two leaders reimagine reproductive justice in a post-Roe world," Ford Foundation, January 23, 2023.