Law Commons^™

The Abortion Debate Thirty Years Later: From Choice To Coercion, Maureen Kramlich

Fordham Urban Law Journal

This article critiques the notion of abortion as a "positive liberty." The author argues that the court's holding in Roe v. Wade created a negative right to abortion, meaning that an individual seeking an abortion is merely protected from government interference. Over time, "pro-abortion" advocates have sought a positive right to access an abortion, including government funding. The author finds this position problematic and outside the scope of Roe, particularly as it erodes religious healthcare providers' right to refuse to perform the procedure.