Mary Ziegler on Reproductive Rights: History, Politics, and the Power of Public Backlash
JUDJ-Prepared Summary from September 3, 2025 | The Politics of Control: Abortion, Power, and How Abortion Shapes American Politics. The views and opinions expressed in this blog are those of the speaker.
In a recent America at a Crossroads discussion, Mary Ziegler—the Martin Luther King Jr. Professor of Law at UC Davis and a leading authority on the history and politics of abortion—joined moderator Patt Morrison to explore the past, present, and future of reproductive rights in America. Drawing from her latest book, Personhood: The New Civil War Over Reproduction, Ziegler explained how abortion debates evolved from 19th-century morality battles to today’s constitutional fights over fetal rights. She also offered perspective on what public opinion and grassroots activism mean for the road ahead.
Historical Roots of the Abortion Debate
Abortion was not always treated as a criminal act in America. In colonial and early U.S. history, abortion was generally permitted until “quickening,” when fetal movement could be detected. Ziegler noted that the first wave of anti-abortion activism in the 19th century came not from religious groups but from physicians. Their motives included economic competition with midwives, anxieties about declining Protestant birthrates, and cultural norms about women’s roles. Importantly, they did not argue that the Constitution required bans—contrary to claims now made by originalist judges.
By the 1960s, the movement shifted. Catholic leaders, facing declining traction with moral arguments, reframed abortion as a civil rights issue—asserting that fetuses were minorities deserving equal protection under the law. This repositioning laid the groundwork for the modern “personhood” movement, which argues that the Constitution already recognizes rights for the unborn.
Contemporary Legal and Political Battles
Ziegler outlined how today’s personhood movement affects more than abortion. IVF, contraception, and even medical decisions during pregnancy are all on the line. The 2024 Alabama Supreme Court decision treating embryos as “children” under wrongful death laws temporarily shut down fertility clinics and revealed how personhood claims ripple far beyond the abortion debate.
She also noted renewed attention to the Comstock Act, a 150-year-old law originally aimed at banning “obscene” materials, now being repurposed to argue that mailing abortion medication is a federal crime. If adopted by courts, this interpretation could override state protections and create a backdoor national ban.
At the same time, contraception rights—long considered secure under Supreme Court precedent—face subtle erosion, especially where anti-abortion activists argue that certain contraceptives act after fertilization. Ziegler warned that while contraception is not the top priority for conservative legal groups, its vulnerability should not be underestimated.
Political Calculations and Contradictions
The political dimension of abortion remains fraught. Nationally, Republicans recognize that abortion bans are unpopular with voters, which has limited sweeping action at the federal level. Ziegler pointed out that Donald Trump, despite appointing the justices who overturned Roe v. Wade, has avoided major abortion initiatives, fearing backlash. Yet at the state level, lawmakers in safe districts feel little electoral risk, even when their actions contradict voter-approved ballot measures supporting abortion rights.
This contradiction—voters supporting reproductive rights initiatives while reelecting anti-abortion legislators—shows the complexity of the issue. For many politicians, the greater risk comes from primary challenges and the loss of donor support, not from general election voters.
Public Backlash and Sources of Hope
Despite the challenges, Ziegler sees reason for cautious optimism. Since the Dobbs decision, voters in multiple states have mobilized to protect reproductive rights at the ballot box. Courts in unexpected places, such as Utah and North Dakota, have recognized constitutional protections at the state level. Grassroots organizing has intensified, keeping abortion rights at the forefront of national debate.
Perhaps most importantly, public backlash has slowed the advance of extreme measures. Politicians remain wary of going too far, knowing the political costs could be severe. While Ziegler acknowledged that federal protections may take a generation to return, she underscored the importance of civic engagement: sustained public opposition has already limited the fallout, and greater mobilization could shape the long-term future.
The Road Ahead
Mary Ziegler’s insights highlight how reproductive rights debates are deeply rooted in American history, shaped by political strategy, and influenced by the balance between courts and public opinion. While personhood claims and restrictive laws pose real threats, the enduring truth is that voters remain more supportive of reproductive freedoms than many politicians admit. For Ziegler, that is the path forward: a reminder that history bends not only in courts and legislatures, but also in the will of the people who refuse to stay silent.
About America at a Crossroads
Since April 2020, America at a Crossroads has produced weekly virtual programs on topics related to the preservation of our democracy, voting rights, freedom of the press, and a wide array of civil rights, including abortion rights, free speech, and free press. America at a Crossroads is a project of Jews United for Democracy & Justice.