Dobbs and Sterilization Decision-Making: Understanding the Coercive Spillover Effects in Reproductive Choice

The Supreme Court majority in Dobbs v. Jackson Women’s Health Organization argued their decision would have limited impact beyond abortion rights. This Article examines how Dobbs and subsequent state abortion restrictions are likely to increase women’s reliance on permanent sterilization procedures, particularly among already marginalized populations. Drawing on emerging data and historical context, I argue that some post-Dobbs sterilizations should be understood as effectively coerced by state policies, implicating reproductive justice concerns and potentially undermining fundamental rights established in Skinner v. Oklahoma. Then, I demonstrate how interdisciplinary bioethics frameworks and methodologies can help courts better understand the full implications of decisions limiting reproductive autonomy. I conclude this Article by proposing enhanced data driven approaches to document spillover effects, and recommend greater integration of bioethics principles into reproductive rights litigation strategies.

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Publication Details

Journal
Pace law review
Published
2024-11-21
DOI
https://doi.org/10.58948/2331-3528.2104
Primary Topic
Reproductive Health and Technologies
Type
article
Field-Weighted Citation Impact
0.00
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article

Dobbs and Sterilization Decision-Making: Understanding the Coercive Spillover Effects in Reproductive Choice

Tim Williams
Pace law review
Reproductive Health and Technologies
article

Dobbs and Sterilization Decision-Making: Understanding the Coercive Spillover Effects in Reproductive Choice

Tim Williams
article en

Abstract

The Supreme Court majority in Dobbs v. Jackson Women’s Health Organization argued their decision would have limited impact beyond abortion rights. This Article examines how Dobbs and subsequent state abortion restrictions are likely to increase women’s reliance on permanent sterilization procedures, particularly among already marginalized populations. Drawing on emerging data and historical context, I argue that some post-Dobbs sterilizations should be understood as effectively coerced by state policies, implicating reproductive justice concerns and potentially undermining fundamental rights established in Skinner v. Oklahoma. Then, I demonstrate how interdisciplinary bioethics frameworks and methodologies can help courts better understand the full implications of decisions limiting reproductive autonomy. I conclude this Article by proposing enhanced data driven approaches to document spillover effects, and recommend greater integration of bioethics principles into reproductive rights litigation strategies.

Pace law reviewVol. 45(1)
American University (US)
Gender equality
Openalex Percentile: Top 68%
Reproductive Health and Technologies
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