Courting Women

Sotomayor, Ginsburg, and Kagan: Sitting Supreme Court Justices

Sotomayor, Ginsburg, and Kagan: Sitting Supreme Court Justices

“… [T]he difference of having three women on the Supreme Court. I think that all the justices obviously are important in that court, but it really makes a difference to begin to have a court that more reflects the diversity of this country, and I think women who can really speak from a woman’s point of view, just how impactful these kind of laws that specifically target women and women’s access to health care, how impactful they are. And I was really grateful to have the women’s voices in the room.”

Cecile Richards, Planned Parenthood president, March 2, 2016, commenting on that day’s oral arguments in Whole Woman’s Health v. Hellerstedt

Me, too, Cecile.

Courting women. Let’s snatch that phrase from the parlor in a Jane Austen novel and lob it into the Supreme Court chambers, making courting not the passive “pick me” word of yesteryear, but an assertive “empower me” word of today.

Power, judiciously applied, is what Ruth Bader Ginsburg, Sonia Sotomayor, and Elena Kagan demonstrated during oral arguments in Whole Woman’s Health v. Hellerstedt. They formed a tag team of relentless logic, assertiveness, and deep understanding of the predicament of women in Texas needing timely, accessible abortion care — and not getting it. The court was probing two provisions of Texas HB2, the law that requires that (1) physicians performing abortions must have admitting privileges at a hospital near their clinics and (2) all abortions must be performed in ambulatory surgical centers (ASCs, mini-hospitals). (See SCOTUSblog “Round Up” and Roe v. Wade: Texas Then and Now for additional background on this important case.)

Justices explored the elements that create an unconstitutional “undue burden” for women seeking an abortion by questioning attorney Stephanie Toti, representing Whole Woman’s Health, and Solicitor General Scott Keller, representing Texas. Here are some highlights: Continue reading

The Feminine Mystique in Retrospect: An Interview With Stephanie Coontz, Part 1

Award-winning author Stephanie Coontz has published a long list of books and articles about the history of family and marriage. She has written about the evolution of those two institutions from prehistory to today, in works that have been widely praised for their intelligence, wit, and insight. In her most recent book, A Strange Stirring: The Feminine Mystique and American Women at the Dawn of the 1960s (Basic Books, 2012), Coontz takes us back 50 years to a breakthrough that changed the role of women in American households.


“Equal marriages require more negotiation than unequal ones.”


In 1963 it was clear that a revolution was beginning. After its approval by the FDA at the beginning of the decade, 2.3 million American women were using the birth control pill, the oral contraceptive that Planned Parenthood founder Margaret Sanger had been instrumental in pioneering. And on February 19, 1963, 50 years ago today, Betty Friedan published The Feminine Mystique, a book that sold millions of copies in its first three years. It quickly became the object of both derision and acclaim for awakening women to aspirations beyond what discrimination and prejudice had long defined for them. If oral contraceptives were the breakthrough in medicine that finally enabled women to plan their reproductive lives around their educational and career goals, Friedan’s landmark book was the breakthrough in consciousness that gave many the resolve to do it.

Friedan was a magazine writer whose experience surveying women at a college reunion was the spark that drove her to uncover “the problem that has no name.” She was referring to the dissatisfaction and depression she found widespread among housewives, not just at the reunion but in many other encounters she had with them as a writer. Convinced that it would help married women — and their marriages — if they sought their own identities outside of the home, Friedan synthesized a wealth of research to make her case in The Feminine Mystique. Stephanie Coontz’s A Strange Stirring is a social history of The Feminine Mystique that takes readers from an era of far-reaching sex discrimination in the early 1960s when Friedan made her breakthrough, to the contemporary era when many of Friedan’s appeals have been realized but new challenges hinder equality. Continue reading