Press Release

Large- Ziegler Roe: The History of a National Obsession

The Impact of Roe v. Wade

Geographical Coverage

United States of America

Press Release

Mary Ziegler is an American legal Professional. Ziegler is an expert on the law and history of reproduction rights and health care in the United States. Ziegler is also the Martin Luther King Jr professor of law at the University of California. She has written many significant books about abortion and reproductive rights in America. Zieglar is well known for her work and has written many books giving readers an inside scoop on the reproductive rights process before and after Roe v. Wade’s reversal.  She has consulted with many governors over the years to help create a movement for reproductive rights.

Content

In Roe: The History of a National Obsession, legal scholar Mary Ziegler explores the lasting impact of the U.S. Supreme Court’s 1973 decision in Roe v. Wade. While originally intended to decriminalize abortion and protect the doctor-patient relationship, Roe evolved into a central issue in broader national debates on judicial activism, sexual violence, racial justice, religious freedom, and the role of science in politics.

Ziegler examines how both pro-choice and anti-abortion movements have redefined Roe over time, turning it into a powerful symbol of America’s deep political and cultural divides. She highlights the complexities and contradictions within abortion politics, urging readers to consider the many different meanings Roe has taken on throughout history.

By analyzing the case’s broader legacy, Ziegler provides a compelling look at why Roe v. Wade continues to spark intense debate and remains a crucial part of American political discourse. Her work sheds light on how this landmark decision has shaped national conversations on reproductive rights and beyond.

Histographical Connections

Mary Ziegler’s scholarship represents a vital intervention in the historiography of reproductive rights, constitutional law, and social movements in the United States. Through her detailed historical analyses—particularly concerning Roe v. Wade, Dobbs v. Jackson, and the broader anti-abortion movement—Ziegler situates her work at the intersection of legal, political, and social history. Her contributions resonate with and expand upon several key historiographical traditions:

Legal Histories of Reproductive Rights

Ziegler’s work contributes to the ongoing historical analysis of abortion rights jurisprudence in the United States. Like Linda Greenhouse and Reva Siegel, she explores the legal and social repercussions of landmark decisions such as Roe v. Wade and Planned Parenthood v. Casey. However, Ziegler moves beyond doctrinal analysis by emphasizing how the meaning and framing of abortion rights have evolved in public discourse and political practice over time. Her work traces how legal interpretations have been shaped by cultural, economic, and ideological forces

Histories of Social Movements and Constitutional Change

Ziegler also engages with historiographies that examine how social movements influence constitutional development. Drawing on frameworks similar to those of Bruce Ackerman, Jack Balkin, and Serena Mayeri, Ziegler highlights how both pro- and anti-abortion movements have sought to redefine constitutional rights through legal strategies, lobbying, and litigation. Notably, she foregrounds the strategic shift within the anti-abortion movement—from focusing on overturning Roe directly to promoting fetal personhood and redefining the concept of individual rights.

 Conservatism and Legal Infrastructure

In texts such as Dollars for Life, Ziegler contributes to the historiography of modern American conservatism. Her work aligns with scholars like Kim Phillips-Fein and Lisa McGirr, offering a legal lens through which to view the rise of conservative power. Ziegler documents how conservative donors, advocacy groups, and think tanks created a parallel legal infrastructure that enabled the long-term political success of the anti-abortion movement, including its influence on judicial appointments and federal policy.

Constitutional Interpretation and Public Meaning

Ziegler also participates in broader historiographical debates about constitutional interpretation, particularly those concerning living constitutionalism and originalism. Like Mark Graber and Michael Klarman, she underscores how constitutional meaning is not static but evolves through cultural and political contestation. Ziegler illustrates how legal actors outside of the courts—activists, legislators, and interest groups—have shaped constitutional discourse in ways that complicate purely textual or originalist readings of the law.

 Gender, Race, and the Regulation of Reproduction

Finally, Ziegler’s work is situated within the feminist legal historiography that examines how the state regulates gender and reproductive autonomy. Echoing scholars such as Dorothy Roberts, Kimberlé Crenshaw, and Catharine MacKinnon, Ziegler interrogates how legal frameworks governing reproduction intersect with race, class, and gender. She emphasizes how the legal construction of “fetal personhood” functions as a political project that often marginalizes already vulnerable populations, reframing reproductive debates as fundamentally about power and inequality.

Methods

Ziegler investigates court rulings, legal briefs, congressional records, and historical documents to trace the legal trajectory of reproductive rights. She conducts in-depth analyses of landmark cases such as Roe v. Wade and Dobbs v. Jackson Women’s Health Organization, illustrating how legal arguments have developed over time.

She integrates interviews with key stakeholders, including lawyers, activists, and policymakers, offering firsthand perspectives on the motivations and strategies driving both the pro-choice and anti-abortion movements.

Ziegler examines news reports, political speeches, and public debates to track how discussions on reproductive rights have evolved. She explores the influence of cultural and political narratives in shaping public perception.

By comparing legal arguments and policy approaches across different cases and jurisdictions, Ziegler highlights the broader consequences of Supreme Court rulings on both state and federal legislation.

Beyond legal frameworks, Ziegler situates abortion debates within larger political, social, and historical contexts, demonstrating how shifts in public sentiment, party politics, and religious movements have influenced legal battles.

Bibliography

Ackerman, Bruce. We the People: Foundations. Cambridge, MA: Belknap Press of Harvard University Press, 1991.

Balkin, Jack M. Living Originalism. Cambridge, MA: Belknap Press of Harvard University Press, 2011.

Crenshaw, Kimberlé. “Mapping the Margins: Intersectionality, Identity Politics, and Violence against Women of Color.” Stanford Law Review 43, no. 6 (1991): 1241–99.

Greenhouse, Linda, and Reva B. Siegel. “Before (and After) Roe v. Wade: New Questions about Backlash.” Yale Law Journal 120, no. 8 (2011): 2028–87.

Klarman, Michael J. From the Closet to the Altar: Courts, Backlash, and the Struggle for Same-Sex Marriage. Oxford: Oxford University Press, 2012.

MacKinnon, Catharine A. Toward a Feminist Theory of the State. Cambridge, MA: Harvard University Press, 1989.

Mayeri, Serena. Reasoning from Race: Feminism, Law, and the Civil Rights Revolution. Cambridge, MA: Harvard University Press, 2011.

McGirr, Lisa. Suburban Warriors: The Origins of the New American Right. Princeton, NJ: Princeton University Press, 2001.

Phillips-Fein, Kim. Invisible Hands: The Businessmen’s Crusade Against the New Deal. New York: W. W. Norton & Company, 2009.

Roberts, Dorothy. Killing the Black Body: Race, Reproduction, and the Meaning of Liberty. New York: Pantheon Books, 1997.

Siegel, Reva B. “The Constitutionalization of Abortion.” In The Oxford Handbook of U.S. Women’s Social Movement Activism, edited by Holly J. McCammon et al., 681–702. Oxford: Oxford University Press, 2017.

Ziegler, Mary. Beyond Abortion: Roe v. Wade and the Battle for Privacy. Cambridge, MA: Harvard University Press, 2018.

Dollars for Life: The Anti-Abortion Movement and the Fall of the Republican Establishment. New Haven, CT: Yale University Press, 2022.

Roe: The History of a National Obsession. New Haven, CT: Yale University Press, 2023.

. Personhood: The New Civil War over Reproductive Rights. New Haven, CT: Yale University Press, 2024.

Zelizer, Julian E. The Fierce Urgency of Now: Lyndon Johnson, Congress, and the Battle for the Great Society. New York: Penguin Press, 2015.

A review of Ziegler’s book, analyzing its content and the broader implications of the abortion debate in America.

https://www.thenation.com/article/society/abortion-roe-mary-ziegler/