Law Students for Reproductive Justice commissioned a study of reproductive rights legal courses in American law schools, and the results are pretty predictable: Only 18% of U.S. law schools have offered reproductive rights law courses at some point over the last seven years, and half of those courses were only taught once. On the LSRJ blog, Liz Kukura writes:
Having dedicated reproductive rights law courses in the course catalog is critical—not only as important training for those law students who will pursue careers in reproductive justice and social justice work, but also as an opportunity for all future lawyers to be exposed to the many complex and compelling reproductive justice topics that raise issues of criminal law, constitutional law, property law, contract law, health law, family law, bioethics, and more. We miss entirely too much when discussion of reproductive rights is limited to a day’s worth of Griswold and Roe in con law class.
Above the Law’s writers and commenters, though, seem to disagree. Ami Cholia says:
But given that most lawyers take constitutional law (to say nothing of the interested parties who take family law, health law, and whatever the hell else 3Ls take in order to maintain an unblemished GPA), is a specific course in reproductive rights even necessary? Academic classes rarely give one a true representation of how the concepts we study play out in real life (think back to your middle school sex-ed class for a minute). That is usually learned on the job. You are trained to ask the right questions and argue your point effectively — a rounded understanding of law, then, should prepare you to take on a reproductive case, regardless.
Should we interpret the dearth of repro-rights courses as representative of gender-imbalance at schools and within the profession at large? Again, I don’t think so. It’s not about man v. woman or even life v. abortion. It’s about rights. And as a trained lawyer, you are taught about those rights. Reproductive rights aren’t special rights, are they?
But am I missing something entirely?
I think what Ami is missing is that reproductive rights law is a highly contentious, continually evolving area of law that in part because of its divisiveness isn’t given the class time necessary to really feel out all of the issues involved. And, while this probably wasn’t LSRJ’s point, one of my biggest frustrations with law school was that the reality of how the law impacts peoples’ lives was totally divorced from what we were learning in class. Class discussions were rarely justice-based; we were taught how to pick apart a legal theory or cobble together a “correct” conclusion based on legal precedent, but didn’t get so much into how a common-law system normalizes certain experiences and erases the realities that a lot of people live (and particularly realities lived by marginalized people). Reproductive justice coursework, I would hope, might force students to get a little bit beyond the comfort that reliance on consistency can bring. It’s not just that the topic itself is important (although it is) but also that legal discussions about the fundamentals of human existence — sex, reproduction, birth — inherently require law students to diverge from the hyper-logical, consistency-above-all pattern of thinking that we spend three years relying on. That of course doesn’t mean that you take the legalism out of it, or that repro justice courses would be more like liberal arts classes than law school ones; it does mean that when we’re discussing how the laws actually impact the human body, it’s a little harder to take the human being involved out of the conversation.
And my personal theories about how legal education could be improved aside, reproductive justice courses should be logical offerings in law schools that regularly feature classes on things like environmental law, immigration law, art law, health law, critical race theory, feminist legal theory, and on and on. All of those specialized courses address legal issues that are dynamic and important, but aren’t covered in-depth in other law classes and may not end up being what one does as a career. Reproductive justice fits into the type of legal coursework that law schools and law students value, and I suspect that the reason it’s avoided is because it’s so controversial. That’s a shame, and law students are missing out because of it.