"There are at least three major costs of the right created in Roe that seem to be underappreciated by the pro-choice community. All three are suggested by the various critiques of negative rights, of the Left’s reliance on courts to create and protect them, and of the liberal-legal political commitments that underlie them, which were pioneered by the critical legal scholarship of the 1970s and 1980s. They are as follows: (1) choice-based arguments for abortion rights legitimate considerable injustice, both in women’s reproductive lives and elsewhere; (2) the Court’s active role in creating this jurisprudence exacerbates antidemocratic features of U.S. constitutionalism, to women’s detriment; and (3) the arguments do not do justice to the aspirational goals of the women’s movement’s early arguments for reproductive rights."