"It is not possible, for example, to read Roe as protective of marital, as opposed to individual privacy. That is foreclosed by Eisenstadt. It is not possible, I believe, to read Roe as a part of an adjudicative, narrative movement toward a robust conception of reproductive justice. That is ruled out by the right’s negativity. Reproductive justice requires a state that provides a network of support for the processes of reproduction: protection against rape and access to affordable and effective birth control, healthcare, including but not limited to abortion services, prenatal care, support in childbirth and postpartum, support for breastfeeding mothers, early childcare for infants and toddlers, income support for parents who stay home to care for young babies, and high quality public education for school age children. The Court is not equipped to mandate any of that, and has stated repeatedly that it is not inclined even to suggest that a citizen might have a right to a state that does so. The negative right that it has recognized suggests something very different: it suggests at best a right to nonreproductive sex, and at worst, a right to end a pregnancy by killing the fetus so as to free oneself of the burden of impossible parental obligations in an unjust world. Either way, it is not all that clear that women, parents, or children are the beneficiaries."
January 1, 1970