Powerful ideas from top nonfiction
Try Blinkist to get the key ideas from 7,500+ bestselling nonfiction titles and podcasts. Listen or read in just 15 minutes.
Get started
Blink 3 of 8 - The 5 AM Club
by Robin Sharma
Listen to the Intro
Abortion and the Law in America summary
Mary Ziegler
Roe v. Wade to the Present
28 mins
Brief summary
"Abortion and the Law in America" by Mary Ziegler is a comprehensive history of the legal conflict over abortion in the US, from the Roe v. Wade decision to the present. It explores how political and social factors have shaped the abortion debate and influenced legal outcomes.
Table of Contents
Abortion and the Law in America
Summary of 5 key ideas
Audio & text in the Blinkist app
Key idea 1 of 5
The modern American abortion conflict has been shaped by both rights- and policy- based arguments.
Let’s begin with a commonly held belief: the US abortion conflict reflects a clash between two sides with incompatible demands. One side argues for the constitutional rights of the fetus. The other argues for the constitutional right of a woman to choose to end the pregnancy. Right?
Well, this is only partially true. These two rights-based claims are the foundations of both the pro-life and pro-choice movements. But Mary Ziegler asserts that, since Roe v. Wade, the conflict has shifted toward debating policy-based claims. These refer to the costs and benefits of abortion, often weighing the positive and negative impacts on women and communities of color. They also tend to philosophically speculate on whether society at large is better or worse off since Roe.
Both movements have pointed to rights-based or policy-based claims at different times and in different ways depending on the cultural and political moment. Sometimes, they strategized well, offering claims that resonated with the American people and lawmakers. Sometimes they didn’t – and they lost ground to the opposing side. And sometimes, their strategies brought them short-term gains but ended up complicating their movement’s future legal progress.
To get a handle on how things got so complicated, let’s start at the beginning – before Roe.
Abortion in the nineteenth century went from being legal to being criminalized in some states by 1880. Opposition to abortion was racially driven. The birth rate of Anglo-Saxon women was plummeting while the population of Southern and Eastern European immigrants was rapidly increasing. Opponents argued that “inferior” genetic stock would overwhelm the country. The solution? Make abortion less accessible through legal means.
In response, early twentieth-century physicians and activists advocated for national legalization, arguing that abortion was often necessary to save women’s lives. But as obstetric care improved in the ’40s and ’50s, this justification grew less credible. The argument shifted to pointing out that making abortion legal and accessible would improve women’s physical and mental health.
Abortion foes responded by insisting that abortion had no health benefits – that it actually caused women emotional trauma. But by the 1960s, both abortion reformers and pro-life groups moved away from making health-based claims, opting instead to focus on rights-based arguments.
That’s because it became clear that invoking women’s constitutional rights was the surest path to victory – particularly after two Supreme Court rulings.
One of them, Griswold v. Connecticut, was decided in 1965. This case addressed a Connecticut law that banned married couples from using birth control. The Court held that this law violated the Constitution, contending that the right to privacy was broad enough to include married couples’ use of contraceptives.
Still, both sides continued to use cost-benefit strategies to sway politics and public opinion. Pro-choice groups demanded the outright repeal of all abortion restrictions. Newly mobilized feminists, public health professionals, and population controllers insisted that all women should have a legal right to end their pregnancies – regardless of any costs or benefits. Planned Parenthood described abortion as a “medical procedure” that was “the right of every patient.” But pro-life groups maintained that the Constitution already protected a right to life for the unborn child.
In 1973, the abortion-rights lawyers litigating Roe v. Wade highlighted arguments about the rights at stake in the abortion decision – in particular, the right to equality and the right to privacy. They also pointed to certain policy costs and benefits. But, ultimately, it was the rights-based claims that prevailed.
Roe v. Wade held that the right to privacy was “broad enough to encompass a woman’s decision whether or not to terminate her pregnancy.” After this historic ruling, rights-based claims seemed more important to the ongoing abortion debate than ever.
Before Roe, some antiabortion activists wanted to propose a constitutional amendment that would outline the rights of the unborn child. But organized antiabortion groups – like the National Right to Life Committee, or NRLC, and Americans United for Life, or AUL – weren’t on board. To them, asking for an amendment was admitting that the Constitution didn’t already protect fetal rights.
But after 1973, that all changed.
Want to see all full key ideas from Abortion and the Law in America?
Key ideas in Abortion and the Law in America
More knowledge in less time
Read or listen
Get the key ideas from nonfiction bestsellers in minutes, not hours.
Find your next read
Get book lists curated by experts and personalized recommendations.
Shortcasts New
We’ve teamed up with podcast creators to bring you key insights from podcasts.
What is Abortion and the Law in America about?
Abortion and the Law in America (2020) offers a comprehensive legal history of abortion rights in the US. It highlights the social and cultural shifts that have contributed to the abortion debate and looks closely at the types of arguments invoked by both sides.
Abortion and the Law in America Review
Abortion and the Law in America (2020) by Mary Ziegler enlightens readers about the complex and controversial issue of abortion in the United States. Here are three reasons why this book is highly recommended:
- Explores the legal, historical, and social context surrounding abortion, offering a comprehensive understanding of the topic.
- Provides in-depth analysis of key legal cases and movements, giving readers valuable insights into the evolution of abortion laws.
- Engages with diverse perspectives on all sides of the debate, fostering a balanced and nuanced exploration of a highly divisive issue.
Who should read Abortion and the Law in America?
- People who want to learn more about the complexity of the American abortion debate
- Those interested in the relationship between cultural values and law
- Anyone following US politics
Categories with Abortion and the Law in America
Book summaries like Abortion and the Law in America
The Art of the Tale
Steven James
Use Storytelling to Engage, Inspire, and Share Your Message
20 min
4.3
Digital Body Language
Erica Dhawan
How to Build Trust and Connection, No Matter the Distance
28 min
4.4
People ❤️ Blinkist
Sven O.
It's highly addictive to get core insights on personally relevant topics without repetition or triviality. Added to that the apps ability to suggest kindred interests opens up a foundation of knowledge.
Thi Viet Quynh N.
Great app. Good selection of book summaries you can read or listen to while commuting. Instead of scrolling through your social media news feed, this is a much better way to spend your spare time in my opinion.
Jonathan A.
Life changing. The concept of being able to grasp a book's main point in such a short time truly opens multiple opportunities to grow every area of your life at a faster rate.
Renee D.
Great app. Addicting. Perfect for wait times, morning coffee, evening before bed. Extremely well written, thorough, easy to use.
People also liked these summaries
4.7 Stars
Average ratings on iOS and Google Play
36 Million
Downloads on all platforms
10+ years
Experience igniting personal growth
Abortion and the Law in America FAQs
What is the main message of Abortion and the Law in America?
The main message of Abortion and the Law in America explores the complex legal history and ongoing debates surrounding abortion in the United States.
How long does it take to read Abortion and the Law in America?
The estimated reading time for Abortion and the Law in America is several hours. The Blinkist summary can be read in just 15 minutes.
Is Abortion and the Law in America a good book? Is it worth reading?
Abortion and the Law in America is a thought-provoking book that offers valuable insights into the legal aspects of abortion. A worthwhile read for those interested in the topic.
Who is the author of Abortion and the Law in America?
Mary Ziegler is the author of Abortion and the Law in America.
What to read after Abortion and the Law in America?
If you're wondering what to read next after Abortion and the Law in America, here are some recommendations we suggest:
- Thinking, Fast and Slow by Daniel Kahneman
- The Art of Persuasion by Bob Burg
- The Creative Brain by Anna Abraham
- Fake Law by The Secret Barrister
- Born For This by Chris Guillebeau
- Dynamic Drive by Molly Fletcher
- The Art of War (new version) by Sun Tzu
- Electra by Sophocles
- Persuasive Copywriting by Andy Maslen
- The Sense of Style by Steven Pinker