The Invisible Classes in High Stakes Reproduction

McDonald S. N. , “Shanesha Taylor, Arrested for Leaving Children in Car During Job Interview, Speaks,” Washington Post , June 23, 2014, available at <http://www.washingtonpost.com/news/morning-mix/wp/2014/06/23/shanesha-taylor-arrested-for-leaving-children-in-car-during-job-interview-speaks/> (last visited April 1, 2015).

Henderson N.-M. , “Debra Harrell Back on Her Job at McDonald, Lawyer Says,” Washington Post , July 24, 2014, available at <http://www.washingtonpost.com/blogs/she-the-people/wp/2014/07/24/debra-harrell-back-on-her-job-at-mcdonalds-lawyer-says/> (last visited April 1, 2015).

Friedersdorf C. , “Working Mom Arrested for Letting Her 9-Year-Old Play Alone at Park,” The Atlantic , July 15, 2014, available at <http://www.theatlantic.com/national/archive/2014/07/arrested-for-letting-a-9-year-old-play-at-the-park-alone/374436/> (last visited April 1, 2015).

Carbone J. Cahn N. , “The Triple System for Regulating Women's Reproduction,” Journal of Law, Medicine & Ethics 43, no. 2 (2015): 275–288.

See, generally, tenBroek J. , “California's Dual System of Family Law: Its Origin, Development, and Present Status (Pts. I-III),” Stanford Law Review 16 (1964): 257, Stanford Law Review 16 (1964): 900; Stanford Law Review 17 (1965): 614.

In re Primus, 436 U.S. 412 (1978) (examining the political speech of an American Civil Liberties Union lawyer sending a letter to Black women who had been sterilized by the state of South Carolina as a condition of receiving welfare benefits). See e.g., Roberts D. , Killing The Black Body (1997). See also, Roberts D. , “Punishing Drug Addicts Who Have Babies: Women of Color, Equality, and the Right of Privacy,” Harvard Law Review 104 (1991): 1419, 1420–14421 (recounting the prosecution of Jennifer Clarise Johnson, the first woman in the U.S. convicted of “exposing her baby to drugs while pregnant,” noting that the prosecution “invented a novel interpretation of the statute.”); Roberts D. , “Unshackling Black Motherhood,” Michigan Law Review 95 (1997): 938, at 939 (explaining that fetal protection laws seek to punish African American women for having babies).

McGreevy P. Willon P. , “Female Inmate Surgery Broke the Law,” Los Angeles Times , July 14, 2013.

See Loving v. Virginia 388 U.S. 1 (1967).

See Perez v. Sharpe, 32 Cal.2d 711 (1948) (quoting the provision).

Id. (quoting the California Supreme Court's decision in People v. Hall, 4 Cal. 399,404–05(1854)).

Stern M. J. , “Court Upholds Same-Sex Marriage Ban as Constitutional in Startling Reversal of Pro-Gay Trend,” Slate.com, August 11, 2014, available at <http://www.slate.com/blogs/outward/2014/08/11/supreme_court_upholds_gay_marriage_ban_for_first_time_since_windsor.html> (last visited April 1, 2015); see also, United States v. Windsor, 570 U.S.___(2013)(striking down the Defense of Marriage Act); Lawrence v. Texas, 539 U.S. 558 (2003)(striking down sodomy laws).

See Stern , supra note 15 (quoting Borman v. Borman (2014) (citation omitted))

See McDonald , supra note 1.

Chasnoff I. J. , “The Prevalence of Illicit-Drug or Alcohol Use During Pregnancy and Discrepancies in Mandatory Reporting in Pinellas County, Florida,” New England Journal of Medicine 322 (1990): 1202–1206, at 1202 (noting that African American women are ten times more likely to be reported to child protective services for drug use than their white counterparts engaging in the same conduct).

Simpson M. , “Reproductive Justice and ‘Choice’: An Open Letter to Planned Parenthood,” RH Reality Check, August 5, 2014, available at <http://rhrealitycheck.org/article/2014/08/05/reproductive-justice-choice-open-letter-planned-parenthood/> (last visited April 1, 2015) (noting that women of color have been “fighting” for 20 years to expand the discussion beyond choice to reproductive justice).