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

Abstract

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

Suggested Citation

Keighley, Jennifer M., Health Care Reform and Reproductive Rights: Sex Equality Arguments for Abortion Coverage in a National Plan (October 5, 2009). Harvard Journal of Law and Gender, Forthcoming. Available at SSRN: https://ssrn.com/abstract=1493508

Jennifer M. Keighley (Contact Author)

Yale Law School ( email )

New Haven, CT 06520
United States

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