"First, the critics complained that constitutional rights, in spite of their occasional progressive potential, have tended to protect individuals’ commodificationist rights to contract and property rather than to serve people’s needs, and would likely continue to do so. The right created by Roe is no exception. Roe’s holding, whether couched in terms of liberty or privacy, did indeed quickly devolve into a bare negative contract right to buy a particular medical service—an abortion—free of moralistic intrusion by state legislators who would paternalistically intervene into that—or any other—consensual purchase. The right became a stick in a bundle of negative rights to our bodies and labor, that we wield in order to keep the state out of our sex lives: we have a right to birth control, a right to same -sex sex, limited rights to produce and consume pornography, and a right to en gage in the commercial and medical consultation necessary to secure an abortion to end the pregnancies in which all that protected sex sometimes result. It has furthered the cause of unfettered sexuality in open markets, for purchase and otherwise, by giving us a property right in the pregnancy and a contract right to purchase the means to end it. It has done nothing, however, to further the satisfaction of the positive needs— whether understood as rights or not of either pregnant women or parents. By relentlessly celebrating negative rights as the route to women’s liberty and equality, and thereby impliedly castigating politically secured legislation as the evil against which negative rights—and hence, liberty and equality both—are constructed, it has undermined the case for the very sorts of positive legislative schemes that might do so."