Feminist Judgments: Reproductive Justice Rewritten

Reproductive justice theory made real through re-imagining critical cases addressing pregnancy, parenting, and the law's treatment of marginalized women.

Kimberly M. Mutcherson (Edited by)

9781108425438, Cambridge University Press

Hardback, published 16 April 2020

402 pages
23.4 x 15.8 x 2.5 cm, 0.68 kg

Reproductive justice (RJ) is a pivotal movement that supplants the language and limitations of reproductive rights. RJ's tenets are that women have the human rights to decide if or when they'll become pregnant, whether to carry a pregnancy to term, and to parent the children they have in safe and healthy environments. Recognizing the importance of the rights at stake when the law addresses parenting and procreation, the authors in this book re-imagine judicial opinions that address the law's treatment of pregnancy and parenting. The cases cover topics such as forced sterilization, pregnancy discrimination, criminal penalties for women who take illegal drugs while pregnant, and state funding for abortion. Though some of the re-imagined cases come to the same conclusions as the originals, each rewritten opinion analyzes how these cases impact the most vulnerable populations, including people with disabilities, poor women, and women of color.

Part I. Introduction Kimberly Mutcherson
Part II: The Feminist Judgments
1. Buck v. Bell, 274 U.S. 200 (1927) Jasmine E. Harris and Kim Hai Pearson
2. Skinner v. Oklahoma, 316 U.S. 535 (1942) Radhika Rao and Thomas Williams
3. Wyman v. James, 400 U.S. 309 (1971) Michele Gilman and Priscilla Ocen
4. Maher v. Roe, 432 US 464 (1977) Ederlina Co and Michele Goodwin
5. In Re Madyun, 114 Daily wash. Law. Rptr. 2233 (D.C. Super Ct. 1986) Farah Diaz-Tello and Maya Manian
6. Johnson v. Calvert, 5 Cal. 4th 84 (1993) Cathy Sakimura and Melanie Jacobs
7. Ferguson v. City of Charleston, 532 U.S. 67 (2000) Lisa Crooms-Robinson and Margo Kaplan
8. State v. Oakley, 245 Wis. 2d 447 (2001) Aziza Ahmed and Solangel Maldonado
9. Sojourner A. v. N.J. Dep't of Human Servs., 177 N.J. 318 Ann Cammett and Cynthia Soohoo
10. K.M. v. E.G., 37 Cal. 4th 130 (2005) Nancy Polikoff and Melissa Murray
11. Reber v. Reiss, 42 A.3d 1131 (2012) Kevin Maillard and Dara Purvis
12. Adoptive Couple v. Baby Girl, 570 U.S. – -, 133 S. Ct. 2552 (2013) Rose Cuison Villazor and Nancy Dowd
13. Burwell v. Hobby Lobby Stores, Inc., 573 U.S. __ (2014) Suzanne A. Kim and Anthony Michael Kreis
14. Young v. UPS, 575 U.S. __ (2015) Mary Ziegler and Meredith Harbach
15. Whole Woman's Health v. Hellerstedt Myrisha Lewis and David Cohen
Index.

Subject Areas: Women's health [VFDW], Law & society [LAQ], Law [L], Gender studies: women [JFSJ1], Feminism & feminist theory [JFFK], History of the Americas [HBJK]