"Finally, the abortion case resembles that of Bailey in that Radin’s double bind arises again. To some extent, inalienability provides a real as well as a symbolic remedy for women, because at the same time that the state refuses to enforce the “agreement” to accept the risk of pregnancy, it effectively alters the initial distribution of entitlements. When abortion is illegal, a woman is entitled to sex only if she is also willing to accept the risk of coerced motherhood; the right to abortion gives her both the right to refrain from procreation and the right to sex, so that she no longer has to trade one for the other. But the double bind persists in another form. All the pressures that force women to submit to unprotected sex remain in place. In the face of such pressures, the prospect of irreversible pregnancy and its legal consequences for men did give women some power in their sexual negotiations. Readily available abortion deprives them of this power, thereby rendering them more vulnerable to sexual exploitation.119 Thus, just as Bailey alone was insufficient to guarantee blacks’ freedom and equality, Roe alone is insufficient to guarantee the freedom and equality of women. Without more, both decisions harmed some of those they purported to help. They were, at best, a step in the right direction.120"
January 1, 1970