In a forthcoming Yale Law Journal article, Before (and After) Roe v. Wade: New Questions About Backlash, Professor Reva Siegel and Linda Greenhouse challenge the conventional narrative that the Supreme Court’s decision in Roe v. Wade caused the polarizing conflict over abortion. The authors examine the escalation of the conflict both in the years prior to Roe (when more Republicans than Democrats supported abortion decriminalization) and the post-Roe period, where evidence suggests that party realignment helped escalate and shape the conflict over abortion. Importantly, by questioning the backlash narrative, the article undercuts the argument that vindicating rights in the courts should be avoided as counter-productive.
Further reading:
Linda Greenhouse & Reva Siegel, Before Roe v. Wade: Voices That Shaped the Abortion Debate Before the Supreme Court’s Ruling (2010).
Video of the book talk with commentary by Prof. Jack Balkin: https://vimeo.com/17680860
