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Binion, Gayle. “Reproductive Freedom and the Constitution: The Limits on Choice.” Berkeley Journal of Gender, Law & Justice 4, no. 1 (1988): 12–41.


This article insists that because abortion was declared a fundamental right in Roe v. Wade, state restrictions on abortion funding should be subject to the highest level of legal review (commonly referred to as strict scrutiny). Binion argues that although the government defended its decision to financially support childbirth but not abortion in order to “protect potential life,” the Court should have required a stronger justification. The government’s choice to provide Medicaid coverage for childbirth but not for abortion constitutes an abridgement of a fundamental right, because without coverage, millions of low-income pregnant people cannot obtain the abortion care they need.


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Abortion funding bans   Economic justice   Government regulation   Legal case   Abortion   Health care   Pregnancy