From Roe v. Wade to June Medical Services LLC v. Russo:
Reproductive Rights, Reproductive Justice, and the Constitutional Right to Abortion

By Emily Hirtle '20

Thesis Advisors: Professors Amrita Basu and Jennifer Hamilton

Abstract: This thesis examines the current watershed moment in reproductive politics as the Supreme Court hears June Medical Services LLC v. Russo. It asks: how is the right to abortion in jeopardy, if Roe v. Wade established it as a constitutional right nearly 50 years ago? This thesis historicizes June by analyzing Roe’s construction of the abortion right using a combination of reproductive rights and reproductive justice scholarship. It identities three flaws in Roe based in reproductive justice critique, and argues that these flaws construct a de jure abortion right with limited de facto access to abortion, disproportionately denying rights to poor women and women of color. It examines how the Court has built on these flaws in the subsequent cases Harris v. McRae and Planned Parenthood of Southeastern Pennsylvania v. Casey, creating barriers to reproductive justice in the judiciary. It then explores how Roe impacted the formation of the abortion culture wars, which remain a barrier to reproductive rights to this day. It argues that Roe codified the concept of “choice” into reproductive rights activism. It concludes with a close analysis of how June is a product of Roe, of “choice,” and of the right-wing pro-life movement. Ultimately, it asserts that in this watershed moment, the reproductive rights movement should learn from Roe’s history by working in solidarity with reproductive justice.