Health Care Reform and Reproductive Rights: Sex Equality Arguments for Abortion Coverage in a National Plan
74 Pages Posted: 24 Oct 2009 Last revised: 18 May 2010
Date Written: October 5, 2009
The national health insurance reform effort threatens to reduce the number of women who have health insurance coverage for abortions. Instead of evaluating whether the Supreme Court would invalidate restrictions on coverage, I employ a model of legislative constitutionalism that presents arguments for why Congress must independently consider the constitutionality of imposing restrictions on abortion in national health insurance legislation. I argue that Congress’s debate over abortion coverage in a national health insurance scheme should recognize the ways in which state regulation of women’s reproductive capacities violates Equal Protection principles.
Keywords: constitution, equal protection, abortion, popular constitutionalism, sex equality, reproductive rights, health care
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