PRE-SUFFRAGETTE CITY. Jill Filipovic points us to this Times article about the new strategy to justify using state coercion to force women to carry pregnancies to term by claiming that women are too irrational to know what's good for them, and offers a modest proposal. I would also urge you to read Reva Siegel and Sarah Blustain (see also here.) Quite simply, these justifications are premised on 19th-century conceptions of women as not being rational agents. And such justifications evidently underpin a great deal of anti-choice discourse and policy (most obviously seen in the fact that the official Republican position that abortion is murder but women who obtain them should be entirely exempt from legal sanctions.) At least Kennedy was decent enough to give away the show, admitting that these assertions are backed by "no reliable data," leaving us with meaningless claims that some women may regret their decision to obtain abortions in retrospect. (If some women regret getting married, can we ban that too? How about anecdotal evidence about women who become depressed after becoming mothers, does this justify state-mandated abortions?) These arguments aren't about women's health; they're about assumptions that women are incapable of making moral judgments, period. That this view is not only part of our national discoruse but has been endorsed by five Supreme Court justices at this late date is dismaying.

--Scott Lemieux

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