Reproductive rights in the United States are being threatened more than ever. The enactment of state legislation curtailing the right to abortion – by imposing time limits, dictating mandatory waiting times, obligatory sonograms, and ever-stringent requirements for abortion clinics – is at an all-time high.
These statutes have set the scene for critical legal challenges, which will have far-reaching consequences and bring forth important questions regarding how these laws came to be, who are the individuals most affected by these provisions, how race factors into this equation, what the future holds for reproductive rights in the United States, and what we can do to better assist in the efforts to support the right to abortion.
This episode addresses some of these questions through a Critical Race Theory lens, giving special consideration to which communities are bearing the brunt of the impact of Texas and Mississippi’s efforts at limiting access to abortions. Joining us to discuss these issues is Professor Carol Sanger and Anna Rupani.
Law and Race | Race and Ethnicity | Race, Ethnicity and Post-Colonial Studies | Social Justice
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Bopanna, Sruthi; Mitsinga, Lise; Rupani, Anna; Sanger, Carol; and Vásquez Ortiz, Sol A., "CRT2 S1 Ep5: Race and the Reality of Reproductive Rights in the United States" (2022). CRT2 Season 1. 7.
Released: August 22, 2022
Anna Rupani is a lawyer and Executive Director at Fund Texas Choice, an organization dedicated to providing equitable access to abortion through transportation and accommodation assistance.
Carol Sanger, Barbara Aronstein Black Professor of Law at Columbia Law School, is an award-winning teacher and influential scholar of reproductive rights who teaches courses on contracts, family law, the legal profession, and law and gender. Her most recent book, About Abortion: Terminating Pregnancy in the 21st Century, addresses the regulation of abortion and maternal conduct, surrogacy, and the law’s relation to culture.
Written, edited and produced by Sol A. Vásquez Ortiz, Lise Mitsinga and Sruthi Bopanna.
Amy Hagstrom Miller, What It's Like Operating a Texas Abortion Clinic Under the State's New Ban, LA Times (Sep. 29, 2021, 10:55 am).
Black Women’s Maternal Health: A Multifaceted Approach to Addressing Persistent and Dire Health Disparities, National Partnership for Women & Families.
Becky Sullivan, 21 States Poised to Ban or Severely Restrict Abortion if ‘Roe v. Wade’ is Overturned, NPR (Dec. 2, 2021, 6:18pm).
Cady Lang, President Trump Has Attacked Critical Race Theory. Here’s What to Know About the Intellectual Movement, Time (Sep. 29, 2020, 10:53 pm).
Candice Norwood, Policing and Surveillance: How Texas’ Abortion Law Could Add to Systemic Racism, The 19th (Sep. 14, 2021, 11:13am).
Carol Sanger, About Abortion: The Complications of the Category, 54 Ariz. L. Rev. 849 (2012).
Carol Sanger, About Abortion: Terminating Pregnancy in Twenty-First-Century America (2017).
ITOP Statistics: Induced Termination of Pregnancy, Texas Health and Human Services.
Infant and Maternal Mortality Surveillance, Mississippi State Department of Health.
Lani Guinier & Gerald Torres, The Miner’s Canary: Enlisting Race, Resisting Power, Transforming Democracy (2003).
Melissa Murray, Race-ing Roe: Reproductive Justice, Racial Justice, and the Battle of Roe v. Wade, 134 Harv. L. Rev. 2025 (2021).
Michele Goodwin, Policing the Womb: Invisible Women and the Criminalization of Motherhood (2020).
Dobbs v. Jackson Women's Health, Oral Argument – Audio, Supreme Court of the United States.
Paul J. Weber, Texas Abortion Law Strains Clinics: ‘Exactly what We Feared’, AP News (Sep. 15, 2021).
Poverty Rate by Race/Ethnicity, KFF.
Quickening and Fetal Development, Illinois Department of Human Services.
Rachel K. Jones et al., New Evidence: Texas Residents Have Obtained Abortions in at Least 12 States That Do Not Border Texas, Guttmacher Institute (Nov. 9, 2021).
Rachel Scott, Following One Texas Woman’s Abortion Journey Over State Lines: Reporter’s Notebook, ABC News (Oct. 10, 2021, 12:39pm).
Regulating Insurance Coverage of Abortion, Guttmacher Institute.
Sema Sgaier & Jordan Downey, What We See in the Shameful Trends on U.S. Maternal Health, New York Times (Nov. 17, 2021).
Susan A. Cohen, Abortion and Women of Color: The Bigger Picture, Guttmancher Institut.
Texas QuickFacts, U.S. Census Bureau.
Transcript of Oral Argument, Dodd v. Jackson Women’s Health Organization et al., (2021)(No. 19-1392).
Whole Woman’s Health v. Jackson, No. 21-463, 2021 WL 5855551 (Dec. 10, 2021).
Yelena Dzhanova, Clinics in States Neighboring Texas are Seeing Drastic Increases, Business Insider (Sep. 22, 2021, 8:05pm).
Zoila Acevedo, Abortion in Early America, 4 Women & Health 159 (1979).