Vol. 3 No. 9 (September, 1993) pp. 95-97
ABORTION AND AMERICAN POLITICS by Barbara Hinkson Craig and David
M. O'Brien. Chatham, New Jersey: Chatham House, 1993. 382 pp.
Paper $19.95. Cloth $30.00.
Reviewed by Susan Gluck Mezey, Department of Political Science,
Loyola University Chicago.
ABORTION AND AMERICAN POLITICS provides a comprehensive account
of the abortion controversy in the U.S. since the Supreme Court
announced ROE V. WADE in 1973. It examines the political and
legal ramifications of a debate that has taken up so much of the
time, energy, and money of the citizenry, the politicians, the
lawyers, and the judges. Ironically, the issue in dispute here:
whether women have a fundamental right to choose to terminate a
pregnancy is one that is so simple for so many people.
Paradoxically, it is the simplicity and manifest
"rightness" for such large numbers of people that makes
this controversy so unmanageable and the sides so intractable.
The authors of ABORTION AND AMERICAN POLITICS do a nice job of
portraying the twists and turns, setbacks and victories of each
side of the debate and produce a well-balanced and objective
account. Although there is not a great deal of original research
in the book, that is, it does not contain much that is not
already known to most people familiar with the topic, the authors
deserve credit for compiling this information and presenting it
in well-organized tables and figures throughout the book.
Especially useful are state abortion regulations and the posture
of state political leaders around the time of the PLANNED
PARENTHOOD OF SOUTHEASTERN PENNSYLVANIA V. CASEY decision, an
array of public opinion polls on attitudes toward abortion and
abortion regulations, the wording of the abortion planks in the
Democratic and Republican party platforms from 1980 to 1992, and
excerpts from the briefs submitted to the Supreme Court.
Chapter 1 analyzes the ROE decision in the context of Supreme
Court decisionmaking and U.S. politics at the time, placing it in
the context of the political scene dominated by controversy
surrounding Watergate and Vietnam. It presents the cast of
characters in ROE, and most helpfully, it reproduces the Texas
antiabortion statute in addition to excerpts from the opinion.
Chapter 2 focuses on interest group politics and presents an
account of the see-sawing of prochoice and antiabortion group
activities over passage of favorable (to their side) abortion
laws and judicial decisions. Because of prochoice judicial
victories throughout the 1970s and mid-80s, the antiabortion
demonstrations dominated at the national level, followed by
increasing emphasis by prochoice groups on marches and rallies
beginning in the late 80s.
Chapter 3 discusses the politics of abortion within the states,
dominated by battles over restrictions on public funding for poor
women and consent/notification requirements. Interestingly, in
light of the present controversy over the wisdom and necessity of
ROE, the chapter begins with a table demonstrating that the
majority of the nation was not moving in the direction of
ROE-like reforms before the Supreme Court announced its opinion:
only four states and the District of Columbia permitted a woman
to choose to terminate a pregnancy as ROE ultimately did.
Chapter 4 looks at congressional divisions over ROE (through the
middle 1980s) over five kinds of issues: constitutional
amendments to confer due process rights on the fetus,
constitutional amendments to return the abortion issue to the
states, bills conferring due process rights on the fetus, funding
restrictions, and so-called conscience-clause provisions.
Chapter 5 examines twenty years of presidential politics relating
to abortion -- beginning in 1972. It demonstrates that before
Ronald Reagan, most presidents and presidential candidates
expressed themselves as antiabortion
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but took few active measures to implement their views. With
Reagan, although there was also much rhetoric, his appointments
of lower federal court and Supreme Court judges made him a
formidable ally of the antiabortion movement.
Chapter 6 is devoted to analysis of the WEBSTER [V. REPRODUCTIVE
HEALTH SERVICES] decision: the origins of the Missouri statute
that led to the decision; the amici briefs presented by both
sides; the oral argument; and excerpts from the decision.
Especially interesting is the passage from the brief by the 281
American Historians showing how U.S. abortion laws have
historically been related to attitudes toward the role of women
in society.
In chapter 7, arguably the best chapter, the authors examine the
results of a variety of public opinion polls and make order out
of the chaotic first impression presented by disagreement among
these polls. After explaining why polls in general, and abortion
questions in particular, are subject to differing
interpretations, the authors demonstrate that the same position
can lead to different results with one or two minor changes in
the wording or positioning of the question. And they rightly
suggest that the polls are often better at inflaming the debate
than in illuminating it -- a point that probably both sides would
agree with.
With the last three chapters, 8, 9, and 10, the authors largely
present a chronology of the events following WEBSTER and
continuing through to CASEY, with brief mentions of two other
important recent cases, RUST V. SULLIVAN and BRAY V. ALEXANDRIA
CLINIC. During this time there was a prochoice resurgence that
was evident in local elections, governors races, state
legislative battles, and congressional elections, as well as the
politics of judicial confirmations. The latter, of course, was
most obvious in the battles over the appointments of Judge Robert
Bork, a prochoice victory, and Justice Clarence Thomas, a
prochoice defeat.
At the state level, as invited by the plurality opinion, WEBSTER
led abortion-rights opponents to attempt to pass laws
inconsistent with ROE, in part intended to force the Court to
reconsider and overrule ROE. However, as the authors point out,
abortion-rights supporters also succeeded in passage of abortion
rights legislation. These opposing positions are demonstrated in
the case studies of passage of the Connecticut and Louisiana
abortion laws.
Looking at the executive and legislative branches, these chapters
demonstrate the importance of the role played by President Bush,
a role that was perhaps even more crucial to the antiabortion
side than Ronald Reagan's was. Largely because of WEBSTER and the
strength of the prochoice position, Congress was motivated to
attempt to provide a counterweight to the executive and judicial
antiabortion posture, primarily on funding matters. Bush's
threatened and actual vetoes thwarted these attempts, given
Congress' inability to override.
In the judicial arena, the authors present an analysis of CASEY,
including oral arguments and excerpts from the opinion with a
cogent analysis of the debate over whether CASEY actually
overruled ROE or not, regardless of what the Court said.
Interspersed here are also brief discussions of the appointments
of Justice David Souter and Clarence Thomas.
Although this book provides an extensive analysis of the politics
of abortion in the U.S., not surprisingly, it has a few flaws.
For one thing, as the title suggests, ABORTION AND AMERICAN
POLITICS is also a text about U.S. politics and that is both a
plus and a minus. On the positive side, the authors place the
abortion controversy in the context of the political system and
show how the politics of abortion touch on, and are touched by,
every part of our political system from the president down to
urban mayors and city councils. The downside of this American
politics approach is that the authors frequently intersperse
their analysis with primers on
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U.S. politics; such primers are helpful for undergraduates
struggling to integrate the abortion debate with their knowledge
of the political system but are often distracting to others.
Second, although the authors include some references to the 1992
election and the executive orders instituted after the
inauguration in January 1993, the book disappointingly does not
assess the role of abortion politics in the 1992 presidential
election. Because most would probably agree that the Republican's
party adherence to a fixed antiabortion position was one
important factor leading to George Bush' defeat, this is an
unfortunate omission in an otherwise thorough treatment of the
issue. If the timing was such that information on events as late
as January 1993 could be included, then it is hard to understand
why the 1992 election campaign was omitted.
Finally, and perhaps this is a semantic quibble: the authors use
the terms "pro-life" and "antiabortion"
interchangeably. "Pro-life" is not a neutral term as
"antiabortion" is, and it detracts from the objectivity
of the book when referring to one side of the debate by the
public relations image it has selected for itself.
Overall, despite these concerns, this book will be educational
and enlightening to all sorts of people and should be widely
read.