Domestic Supply (A Feminist Proposal)

Abstract

The Supreme Court’s decision in Dobbs was a disaster for women’s right to abortion, but maybe it’s time to start looking for the silver lining. Dobbs bemoaned the fact that people with the ability to become pregnant have control over “the domestic supply of infants” and suggested that people who can’t become pregnant have the right to a share of that reproductive capacity. This insight resonates with feminist arguments in family law, where control over the “domestic supply” can be understood to refer to women’s unfair advantage over their male sex partners when it comes to establishing parental rights. Dobbs opens the door to giving men more rights to children and more rights during pregnancy itself.

Keywords: abortion, supreme court, dobbs, pregnancy