What if the seminal case on reproductive freedom had been Struck v. Secretary of Defense instead of Roe v. Wade?
February 21, 2012 2:34 PM Subscribe
"This is an attempt at recovery. This Essay hopes to call attention to then-Professor Ruth Bader Ginsburg’s 1972 merits brief in Struck v. Secretary of Defense. The brief has been underappreciated in part because the Supreme Court of the United States eventually declined to decide the case.” On the 40th anniversary
of the brief's submission, read Reva Siegel's compelling essay
[pdf] on this overlooked brief in which “Ginsburg and the women’s movement talked about pregnancy discrimination in a way that ties together pregnancy discrimination and women’s equality, and women’s equality and reproductive freedom, before the Court split them apart,” and imagine what might have been had the Supreme Court decided Struck v. Secretary of Defense in 1972.
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