The Women, Law, and Policy Program at Vanderbilt Law recently hosted historian Nancy Cott for a thought-provoking talk titled “Doctors, Lawyers, and Feminists on the Road to Roe v. Wade.”
Cott, the Jonathan Trumbull Research Professor of American History at Harvard University, shared insights from her recent research on the historical fight for women’s reproductive rights in the United States, spanning from the late 19th century to the pivotal Roe v. Wade decision in 1973.
Beginning her lecture, Cott delved into the initial efforts to legislate against abortion, led by Boston gynecologist Horatio Storer in the mid-19th century. At that time, abortion was legally permissible until a woman could feel fetal movement, a stage referred to as quickening. Storer proposed that all abortions be prohibited, except for cases deemed necessary to save a mother’s life.
Cott noted, “When he rallied positions around him to a campaign in the late 19th century, he was not only making that medical point, but he was decrying women who would have abortions by using both sexist and ethnically prejudiced language about what use of abortion meant.”
Storer’s campaign gained traction among other predominantly white and Protestant physicians, leading to the American Medical Association’s recommendation to state legislatures to criminalize abortion. Consequently, abortion became illegal across much of the country, resulting in a rise in illegal abortions.
Cott explained the disparities that emerged, stating, “Access to a safer illegal abortion really depended on where (a woman) lived, what her information networks were, and rather crucially, her ability to pay, because illegal providers used to charge very high fees.”
The landscape began to shift in May 1959 when the American Law Institute (ALI) recommended expanded access to abortion under specific conditions: posing substantial risks to a mother’s health, the presence of severe fetal defects, or cases of rape, incest, or other felonious intercourse.
“This gave them a lot of credibility, and several of them reached legislatures in potential states and started trying to get bills before [them],” Cott recalled, referring to how doctor advocates began using the ALI reform law to push for legislative changes.
Gradually, many states adopted the ALI reforms, either in full or part, leading to increased public demand for better access to abortion services. Alongside these efforts, feminist movements began to emerge, advocating for the rights of women to choose whether to bear children.
Cott emphasized the role of the 1973 Supreme Court decision, Roe v. Wade, which she described as legitimizing feminist arguments while also reflecting on the doctors’ initial criminalization of abortion. The court found a middle ground regarding abortion rights, instituting certain regulations around second and third-trimester abortions.
Drawing from history, Cott encouraged listeners to consider how past patterns of abortion access and advocacy could inform current efforts in the U.S.
“Today’s patterns of abortion access and advocacy [are] different [from] then, but I think we can learn from it,” she said. “Doctors, I suspect, will have to continue to be central to any effort, but as a professional group, they may not be as effective as they once were.”
Cott concluded that it is the diverse, multi-pronged efforts by various advocacy groups—despite their differences—that are likely to drive change in the future.
Her enlightening talk at Vanderbilt Law served as a reminder of the ongoing struggle for reproductive rights in America and the complexities that have shaped this issue over the decades.
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