UC Law SF Journal on Gender and Justice


Laura Weinstock


The following opinion reflects my dissatisfaction with current equal protection and privacy doctrine analysis, especially in the area of reproduction. Although this particular fact pattern was created for the classroom, it is far from "hypothetical." Women's reproductive rights are being increasingly curtailed in the name of fetal rights. Indeed, fetal rights legislation has resulted in such intrusive control over women's lives that one cannot help but wonder whether this control over women via their reproductive abilities is the masked intention of the proponents of these laws. How much better off the world would be if the Supreme Court produced opinions such as the one that follows.