Menstruation in a Post- Dobbs World

98 New York University Law Review Online 191 (2023)

14 Pages Posted: 24 Apr 2023

See all articles by Emily Gold Waldman

Emily Gold Waldman

Pace University - School of Law

Bridget J. Crawford

Pace University School of Law

Date Written: October 25, 2022

Abstract

In this Essay, we re-examine our 2022 book, Menstruation Matters: Challenging the Law’s Silence on Periods, through multiple related lenses, including the human rights, sustainability, and workplace issues emphasized by our three reviewers; the COVID-19 pandemic; and the Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization. All of these perspectives converge on the inherent dignity and autonomy interests in being able to manage one’s own body. Menstruation and related conditions like breastfeeding, pregnancy, and menopause should not be sources of shame or stigma. Nor should they be vectors of formal control by the government or de facto exclusion from school, work, or any aspect of public life. Yet the Supreme Court’s overturning of Roe v. Wade means that reproduction-associated bodily processes likely will be the focus of legal battles for years to come. As we continue to emphasize the many ways that menstruation matters in life and law, we strive for a legal future that recognizes the full humanity of all people and safeguards our equal rights

Keywords: menstruation, Dobbs, pandemic, abortion, human rights

JEL Classification: K00, K1, K14, K36

Suggested Citation

Waldman, Emily Gold and Crawford, Bridget J., Menstruation in a Post- Dobbs World (October 25, 2022). 98 New York University Law Review Online 191 (2023), Available at SSRN: https://ssrn.com/abstract=4270825

Emily Gold Waldman

Pace University - School of Law ( email )

78 North Broadway
White Plains, NY 10603
United States

Bridget J. Crawford (Contact Author)

Pace University School of Law ( email )

78 North Broadway
White Plains, NY 10603
United States

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