Debunking The Right's Bad History of Abortion Laws w/ Leslie Reagan

Prof. Leslie Reagan is the probably the country's leading expert on the history of abortion laws. Her award-winning book When Abortion Was a Crime: Women, Medicine, and Law in the United States, 1867-1973 is the most comprehensive available history of the era of criminalized abortion before Roe v. Wade, and Prof. Reagan is quoted regularly in the press for her knowledge of US abortion history. Her book on abortion law is distinguished by the fact that it focuses not just on the text of laws, but on the enforcement process, i.e., the lives of women who sought abortions. She exposes how criminalized abortion, even when it does not prosecute those getting abortions, is a horror for women and creates an intensive regime of the surveillance and policing of pregnancy.

In this episode, we look at some of the history that the right chooses to ignore, including:

• How Samuel Alito's view that there is "no tradition" of allowing abortion is completely historically ignorant.
• Why The Economist is completely wrong to say that "there is no documented case in America of a woman being prosecuted for seeking an abortion since 1922." First, there is, and the outrage over one such prosecution helped fuel the movement that brought about Roe (see newspaper headline above). Second, even when doctors are the ones prosecuted, women could be arrested and coerced into giving testimony and subjected to intrusive interrogations by the state.
• The horrifying realities of what criminalized abortion meant, including sexual coercion by unlicensed abortionists
• How, even in the era of criminalized abortion, abortion was widespread and there was a divergence between the "public morality" of law and the actual practices indulged in, a fact that undercuts the idea of America as a historically anti-abortion country
• How legalization was a way to bring law in line with actual social practices, and how Roe was not a spontaneous departure from law, but the result of a social movement that sought to expose what women knew but had not been able to say
• Why Roe v. Wade was not a radical opinion, and in fact disappointed feminists, but came out of the Court's acceptance of the fact that criminalizing abortion was incompatible with any reasonable notion of liberty (though men of the Court appeared to care more about the liberty of doctors than women)

This is the third in our series of episodes on abortion in America. Part I, in which Carole Joffe explained the "obstacle course" that (even pre-Dobbs) faced those seeking abortion, is here. Part II, in which Diana Greene Foster discusses the empirical evidence that abortion makes women's lives better off, is here.

For an explanation of why Samuel Alito's legal reasoning was garbage, see here. For a discussion of how the abortion decision delegitimizes the court, see here. For the perspective of a doctor on how the decision will force medical practitioners to act unethically by withholding necessary care, see here. For more on the case of Shirley Wheeler, see here.