Here is a new article by Priscilla Smith (“Give Justice Ginsburg What She Wants: Using Sex Equality Arguments to Demand Examination of the Legitimacy of State Interests in Abortion Regulation“) advocating that pro-abortion litigants use sex discrimination arguments in challenging laws restricting abortion. Priscilla Smith is a former attorney for the Center for Reproductive Rights.
Erika Bachiochi’s article (Embodied Equality: Debunking Equal Protection Arguments for Abortion Rights) responds to this approach. Teresa summarized Erika’s argument for this blog here.
Richard M.