Choice in Birth: Preserving Access to VBAC

By Elizabeth Kukura. 114 Penn St. L. Rev. 955

The reproductive rights movement has fought many uphill battles for the rights of women to decide how to use their bodies in matters of sex and reproduction. Since the earliest battles over access to contraception, control over women‘s bodies and sexuality has been contested terrain where reproductive rights advocates have used autonomy and liberty arguments in attempts to stake out space for women to determine their reproductive lives. During periods of victory in the courts of justice and public opinion, women have experienced fewer barriers to accessing abortion and have benefited from a richer, more nuanced understanding of the conditions required for truly unconstrained decision-making about reproductive and sexual health. During periods of backlash and retrenchment, women have suffered burdensome restrictions on access to critical services, as the concept of reproductive autonomy has been whittled away by legislators, judges, and prosecutors. Throughout these ups and downs, the debate has unfolded with abortion at the center of the struggle for reproductive freedom. [keep reading]