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Defining Personhood, The Next Phase In The Fight For Reproductive Rights

1A

NPR

News

4.44.3K Ratings

🗓️ 25 April 2025

⏱️ 31 minutes

🧾️ Download transcript

Summary

It's been three years since Roe v. Wade was overturned by the Supreme Court.

The abortion access landscape has changed dramatically in that time. The procedure has been banned in 12 states with limited exceptions. Four states have banned abortion after six weeks. Now, several states are weighing bills that would treat abortion as homicide.

But what comes next? What if getting Roe v. Wade struck down wasn't actually the real goal of the anti-abortion movement? What if it were something that would instead fundamentally change our understanding of constitutional rights in this country?

That's what legal scholar Mary Zeigler argues in her new book, "Personhood: The New Civil War over Reproduction," which comes out tomorrow. We sit down with her to talk about it.

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Transcript

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0:00.0

Three years ago, the Supreme Court's Dobbs decision overturned Roe v. Wade.

0:12.5

It was unprecedented because it revoked legal rights, something the court rarely does.

0:17.5

But what if getting Roe v. Wade struck down wasn't actually the real goal of the anti-abortion

0:21.8

movement? What if it were something that would instead fundamentally change our understanding

0:26.5

of constitutional rights in this country? That's what legal scholar Mary Ziegler argues in her new book,

0:32.5

Personhood, the new Civil War over reproduction. It's out now. Mary is also the Martin Luther King, Jr. Professor of Law at the University of California

0:40.8

Davis School of Law. She joins us after the break to discuss what she believes is the next phase

0:45.4

in the battle over abortion rights and her new book. I'm Jen White. You're listening to the

0:50.0

1A podcast where we get to the heart of the story. We'll be back with more in just a moment.

0:54.9

Stay with us.

1:01.6

Mary, welcome back to the program.

1:02.8

Thanks for having me.

1:06.3

Mary, let's just really start by defining fetal personhood.

1:07.6

What's the idea behind it?

1:11.5

Well, so, personhood can mean lots of different things in different contexts, right?

1:17.9

Sometimes people have definitions in philosophy and religion and biology and bioethics. In this context,

1:22.2

we're really talking about legal rights, right? So the idea that the word person in some parts of our constitution applies the minute an egg is fertilized. And then there's also really specific meanings that have

1:29.1

come into place in the U.S. about what that means in terms of what we have to criminalize and who we

1:34.6

have to punish. So the United States has a very specific definition of fetal personhood,

1:39.8

at least in our contemporary politics that may not jive with what personhood means to a lot of

1:43.9

listeners. And what is that modern jive with what personhood means to a lot of listeners.

1:44.9

And what is that modern definition of fetal personhood?

...

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