Reconceptualized Majority Opinion of the Supreme Court of the United States of America, Skinner v. Oklahoma

Title

Reconceptualized Majority Opinion of the Supreme Court of the United States of America, Skinner v. Oklahoma

Editors

Kimberly M. Mutcherson

Files

Description

No volume on reproductive justice could be complete without addressing the seminal case of Skinner v. Oklahoma. Skinner is the first Supreme Court decision to subject a law limiting reproduction to stringent scrutiny, and it achieves this result by entwining constitutional protection of reproductive liberty with equality. Unlike the reproductive rights framework, which focuses upon the individual’s right to make reproductive choices free from government regulation, reproductive justice emphasizes the political context within which race, gender, class, and other identities intersect to result in reproductive oppression. Skinner foreshadows this broader analysis, by striking down a state sterilization statute not because it interfered with individual liberty but based upon the recognition that governmental power to draw lines regarding who could reproduce and who could not posed the threat of “invidious discriminations … against groups or types of individuals” in violation of the constitutional guarantee of equality.

ISBN

9781108348409

DOI

https://doi.org/10.1017/9781108348409

Publication Date

3-2020

Book Title

Feminist Judgments: Reproductive Justice Rewritten

First Page

36

Last Page

52

Publisher

Cambridge University Press

Series

Feminist Judgment Series: Rewritten Judicial Opinions

Keywords

reproductive justice, law and gender, health law and policy

Disciplines

Health Law and Policy | Law | Law and Gender | Sexuality and the Law

Reconceptualized Majority Opinion of the Supreme Court of the United States of America, Skinner v. Oklahoma

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