"Q: Let me ask you about the fight you waged for the courts to understand that pregnancy discrimination is a form of sex discrimination. JUSTICE GINSBURG: I wrote about it a number of times. I litigated Captain Struck’s case about reproductive choice. [In 1972, Ginsburg represented Capt. Susan Struck, who became pregnant during her service in the Air Force. At the time, the Air Force automatically discharged any woman who became pregnant and told Captain Struck that she should have an abortion if she wanted to keep her job. The government changed the regulation before the Supreme Court could decide the case.] If the court could have seen Susan Struck’s case — this was the U.S. government, a U.S. Air Force post, offering abortions, in 1971, two years before Roe. Q: And suggesting an abortion as the solution to Struck’s problem. JUSTICE GINSBURG: Yes. Not only that, but it was available to her on the base. Q: The case ties together themes of women’s equality and reproductive freedom. The court split those themes apart in Roe v. Wade. Do you see, as part of a future feminist legal wish list, repositioning Roe so that the right to abortion is rooted in the constitutional promise of sex equality? JUSTICE GINSBURG: Oh, yes. I think it will be."
Roe v. Wade

January 1, 1970