The all-too-human plaintiff of Roe v. Wade captured the messy contradictions hidden by a polarizing debate.
By Margaret Talbot
September 13, 2021
Roe v. Wade may be the rare Supreme Court decision that most Americans can name, but it’s also one of the few that many volubly disparage—and not just anti-abortion activists who want to get rid of it altogether. Ruth Bader Ginsburg was a staunch advocate of access to abortion but an open critic of the reasoning behind Roe. She thought the rationale should have centered on preventing sex discrimination rather than on preserving a right to privacy. “The image you get from reading the Roe v. Wade opinion is it’s mostly a doctor’s-rights case—a doctor’s right to prescribe what he thinks his patient needs,” Ginsburg told the legal writer and scholar Jeffrey Rosen, in 2019. “My idea of how choice should have developed was not a privacy notion, not a doctor’s-right notion, but a woman’s right to control her own destiny, to be able to make choices without a Big Brother state telling her what she can and cannot do.”
Continued: https://www.newyorker.com/magazine/2021/09/20/how-the-real-jane-roe-shaped-the-abortion-wars