ARTICLE: THE WAR ON WOMEN'S FUNDAMENTAL RIGHTS: CONNECTING U.S. SUPREME COURT ORIGINALISM TO RIGHTWING, CONSERVATIVE EXTREMISM IN AMERICAN POLITICS+ Skip over navigation
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Copyright (c) 2012 Yeshiva University
Cardozo Journal of Law & Gender

ARTICLE: THE WAR ON WOMEN'S FUNDAMENTAL RIGHTS: CONNECTING U.S. SUPREME COURT ORIGINALISM TO RIGHTWING, CONSERVATIVE EXTREMISM IN AMERICAN POLITICS+

+ E.g., Brad Johnson, Access to Birth Control is a Fundamental Component of Climate Survival, ThinkProgress (Feb. 10, 2012), http://thinkprogress.org/green/2012/02/10/423265/access-to-birth-control-is-a-fundamental-component-of-climate- survival/?mobile=nc ("The conservative war on birth control is a war on women's rights, and thus on the rights of us all."); accord, e.g., Thomas M. Keck, The Most Activist Supreme Court in History 135 (2004) (discussing the libertarian, anti-government ethos of President Reagan's goal to ""get the government off the backs of the American people'" and his desire to reduce the threat to individual liberty he believed the government possessed, causing him to push for reductions in federal powers and resources while a second group of conservatives, the Christian Right, mobilized to influence national politics for the first time); Steven M. Teles, The Rise of the Conservative Legal Movement 6-9 (2008) (discussing a historical process of political competition and policy change that, over time, encouraged courts, congressional subcommittees, and bureaucrats to work together to create policy expansion that "made elections decreasingly important as sources of large-scale policy change").

Fall, 2012

Cardozo Journal of Law & Gender

19 Cardozo J.L. & Gender 99

Author

Donna J. King*

Excerpt



Introduction
 

 
"[The Fourteenth] Amendment, first proposed in 1866 and declared ratified in 1868, plays a monumental role in the politics and law of modern America." 2
 
There is an expanding social and economic movement in America today that thrives on the devaluation of the unenumerated fundamental rights protected under the Privileges or Immunities Clause of the Fourteenth Amendment of the United States Constitution. 3 The ideological belief system, upon which this antigovernment movement is founded, is indicative of an aristocratic way of thinking that has historically been supported by the U.S. Supreme Court's precedent of completely rejecting the Reconstruction era and the intentions of its Framers. 4 As a result, today's political parties are competing over a much broader and more complex range of issues than ever before, particularly intensifying the war on women's fundamental rights. 5 In order to understand this political dynamic, one must realize the Court's ability to fuel the American political system's imbalance of power, whereby a fierce ideological struggle is causing women to bear the brunt of the current civil rights war. 6

Throughout history, the Supreme Court has remained a reflection of the economic, political, and social changes in America. 7 Although not directly responsible for initiating today's conservative extremist war on women, the Court is responsible for creating the legal and political climate, resulting in the war's inception. 8 Arising as a backlash against what was viewed as the nation's social and moral decline resulting from the civil rights movement, the ...
 
 
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