Ginsburg argued that if the Supreme Court in 1973 had simply struck down the Texas law at issue in the case and had resisted the temptation to impose a national framework for abortion, the case might have inspired less of a backlash, allowing a growing number of state legislatures to recognize a right to reproductive choice on their own. What her feminist critics in the 1990s failed to appreciate was that Ginsburg was laying the groundwork for a firmer constitutional foundation for reproductive choice, one rooted in women’s equality rather than the right to privacy.
