This Article draws attention to the significance of rights-talk in shaping proper abortion legislation. It engages with ongoing debates regarding the wisdom of Roe v. Wade's judicially imposed, strict rights-based approach to legal abortion. As the issue of abortion remains extremely controversial in American politics, it has been argued that the Supreme Court's rights-based rhetoric, coupled with its "undemocratic" judicial imposition of a resolution to the issue, played a central role in triggering the ongoing conflict over abortion. Legal scholars often rely on comparative examples in an attempt to argue in favor of legislative and conciliatory policy solutions to the issue of abortion.
When Rights Don't Talk: Abortion Law and the Politics of Compromise,
Yale J.L. & Feminism
Available at: https://digitalcommons.law.yale.edu/yjlf/vol28/iss2/3