Sotomayor, together with Rikelman and Prelogar, suggested that the business of equality for pregnant people was unfinished.
Sotomayor, Rikelman and Prelogar suggested abortion access mattered because there was so much work to be done when it came to equality—high rates of maternal mortality, poverty for single parents of color, sexual violence and structural racism. Many of the justices said nothing about equality at all, but Justice Amy Coney Barrett stood out. More than once, Barrett returned to the question of whether equality-based concerns about abortion were a thing of the past. She suggested that people relied on abortion “as a backup form of birth control in case contraception fails” because they wanted to avoid the burdens of both pregnancy and parenting.
Barrett seemed to simplify the emotional stakes of adoption—for birth parents, adoptive parents and children. But she also seemed open to the idea that the equality concerns that had motivated the fight for abortion rights were now a thing of the past. Perhaps, she suggested, people had once needed access to abortion to pursue a career or education, but now, those days were over.
In the context of race discrimination, the Court’s conservatives have often proclaimed that the Constitution is
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