Flos Pavonis (1705), Maria Sibylla Merian. Merian’s drawing of the peacock flower included a detailed account of the injustices of slavery including how enslaved women had told her about the plant’s abortive properties. Joanna Klein, “A Pioneering Woman of Science Re-Emerges After 300 Years,” The New York Times, 1/23/17

Color of Surveillance: Policing of Abortion and Reproduction Reading List

In putting together the programming for the Color of Surveillance: Policing of Abortion and Reproduction, we selected session topics, found our speakers, and planned our remarks and discussions based on a combination of literature reviews and calls with experts and community leaders. This year, we wanted to share the fruits of that research with conference attendees who wish to learn more plus make it available to the general public.

General Historical Background

• Bridges, Khiara M., The Poverty of Privacy Rights (2017).
• Brown, Jenny, Without Apology: The Abortion Struggle Now (2019).
• Erdman, Joanna, “Theorizing Time in Abortion Law and Human Rights,” Health and Human Rights Journal, Vol. 19, Issue 1 (2017) at 29–40.
• Erdman, Joanna, Kinga Jelinska, & Susan Yanow, “Understandings of self-managed abortion as health inequity, harm reduction and social change,” Reproductive Health Matters, Vol. 26, Issue 54 (2018) at 13–19.
• Kaplan, Laura, The Story of Jane: The Legendary Underground Feminist Abortion Service (1995).
• Quart, Alissa. “Clinic” (2022).
• Reagan, Leslie J., When Abortion Was A Crime (1996).
• Siegel, Reva, “Reasoning from the Body: A Historical Perspective on Abortion Regulation and Questions of Equal Protection,” Stanford Law Review, Vol. 44, №2 (1992) at 261–381.
• “Self-Managed: An Abortion Story” (2022).

Abortion, Reproductive Justice, and Indigenous Rights & Sovereignty

• Dunlap, Susan, “Once denied a necessary abortion, Indigenous Women Rising co-founder speaks out,” NM Political Report, Feb. 10, 2021.
• Fire Thunder, Cecilia, Lauren van Schilfgaarde & Lael Echo-Hawk, Amicus Brief of Native American Communities in Dobbs v. Jackson Women’s Health Organization (2021).
• Government Accountability Office, “Investigation of Allegations Concerning Indian Health Service” (1976).
• Keeler, Jacqueline , “Striking Down Roe v. Wade Leaves Native Women and Girls Even More Vulnerable,” Sierra Club, May 5, 2022.
• Lipshutz, Marion & Rose Rosenblatt, Young Lakota (2013).
• Theobald, Brianna, “A 1970 Law Led to the Mass Sterilization of Native American Women. That History Still Matters,” Time, Nov. 28, 2019.
• van Schilfgaarde, Lauren, “Native Reproductive Justice: Practices and Policies from Relinquishment to Family Preservation,” Petrie-Flom Center at Harvard Law School, May 12, 2022.
• van Schilfgaarde, Lauren, Aila Hoss, Sarah Deer, Ann E. Tweedy & Stacy Leeds, “The Indian Country Abortion Safe Harbor Fallacy,” The Law and Political Economy Project, Jun. 6, 2022.

Criminalization of Abortion and Pregnancy

• Bertash, Kate & Cynthia Conti-Cook, “The end of Roe means we’ll be criminalized for more of our data,” The Los Angeles Times, May 16, 2022.
• Bridges, Khiara M., “Race, Pregnancy, and the Opioid Epidemic: White Privilege and the Criminalization of Opioid Use During Pregnancy,” Harvard Law Review, Vol. 133, №3 (2020) at 770.
• Goodwin, Michele, Policing the Womb: Invisible Women and the Criminalization of Motherhood (2020).
• Grant, Melissa Gira, “The Growing Criminalization of Pregnancy,” The New Republic, May 5, 2022.
• Interrupting Crimalization, “Abortion Decriminalization is Part of the Larger Struggle Against Policing and Criminalization” (2022).
• Mariappuram, Rosann, Jenny Ma, & Peggy Lee, “Reproductive Rights in Crisis,” American Constitution Society Broken Law Podcast, Episode 49, May 10, 2022.

Abortion Surveillance & the Constitutional Right to Privacy

• Bhuiyan, Johana, “Abortion surveillance: in a post-Roe world, could an internet search lead to an arrest?,” The Guardian, May 6, 2022.
• Cahn, Albert Fox & Eleni Manis, “Pregnancy Panopticon: Abortion Surveillance After Roe,” Surveillance Technology Oversight Project (2022).
• Conti-Cook, Cynthia, “Surveilling the Digital Abortion Diary,” University of Baltimore Law Review, Vol. 50, Issue 1 (2022).
• Cox, Joseph, “Location Data Firm Provides Heat Maps of Where Abortion Clinic Visitors Live,” VICE, May 5, 2022.
• EFF, “Security and Privacy Tips for People Seeking an Abortion” (2022)
• Fowler, Geoffrey A. & Tatum Hunter, “Your phone could reveal if you’ve had an abortion,” The Washington Post, May 4, 2022.
• Kalish, Lil, “Meet Abortion Bans’ New Best Friend — Your Phone,” Mother Jones, Feb. 16, 2022.
• McSherry, Corynne & Katherine Trendacosta, “What Companies Can Do Now to Protect Digital Rights In A Post-Roe World,” Electronic Frontier Foundation, May 10, 2022.
• Oldham, Grace & Dhruv Mehrotra, “Facebook and Anti-Abortion Clinics Are Collecting Highly Sensitive Info on Would-Be Patients,” The Markup, Jun. 15, 2022.
• ​​Privacy International, “A documentation of data exploitation in sexual and reproductive rights” (2020)
• Samuel, Alexandra, “What Roe v. Wade Means for Internet Privacy,” JSTOR Daily, Jul. 17, 2018.
• “Text ‘A’ for Abortion: How a Texas Group Targets Pregnant Women Online,” The New York Times (2022)
• Tufekci, Zeynep, “We Need to Take Back Our Privacy,” The New York Times, May 19, 2022.

Medical Racism and Surveillance of Black Bodies

• Bridges, Khiara M., Reproducing Race: an Ethnography of Pregnancy as a Site of Racialization (2011).
• Park, Linette & Mali Collins, “Black Women Giving Birth in Prison Face Surveillance Disguised as Medical Care,” Truthout, Jul. 27, 2021.
• Parker-Ohene, Cynthia, “The History of Gynecology”(2020).
• Parker-Ohene, Cynthia, Selected poems from “Drapetomania” (2017).
• Sims, James Marion The Story of My Life (1884).
• Washington, Harriet A. Medical Apartheid: The Dark History of Medical Experimentation on Black Americans from Colonial Times to the Present (2008).

Reproductive Justice As An LGBTQ+ Issue

• Berg, Alex, “Why Reproductive Justice Is an LGBTQ+ Rights Issue,” Out, Feb. 19, 2019.
• Human Rights Campaign Foundation, “Fact Sheet: LGBTQ+ People & Roe v. Wade.”
• Lowik, A.J., “Reproducing Eugenics, Reproducing while Trans: The State Sterilization of Trans People,” Journal of GLBT Family Studies, Vol. 14, Issue 5 (2018).
• Moseson, Heidi et al., “Abortion Attempts without Clinical Supervision among Transgender, Nonbinary and Gender-Expansive People in the United States,” BMJ Sexual & Reproductive Health, Vol. 48, Issue e1 (Jan. 2022) at e22.
• National LGBTQ Task Force, “Queering Reproductive Justice: A Toolkit,” 2019.
• Strangio, Chase, “Can Reproductive Trans Bodies Exist?,” City University of New York Law Review, Vol. 19, Issue 2 (2016) at 223.

International Perspectives

• Baum, Sarah E., Ana Maria Ramirez, Sara Larrea, Sofia Filippa, Ijeoma Egwuatu, Justyna Wydrzynska, Magdalena Piasecka, Sybil Nmezi, & Kinga Jelinska, ““It’s not a seven-headed beast”: abortion experience among women that received support from helplines for medication abortion in restrictive settings,” Health Care for Women International, Vol. 41, Issue 10 (2020) at 1128–1146.
• Cook, Rebecca J., Joanna N. Erdman, & Bernard M. Dickens, Abortion Law in Transnational Perspective: Cases and Controversies (2014).
• Reagan, Leslie J., “Abortion travels: An international history,” Journal of Modern European History, Vol. 17, Issue 3 (2019) at 337–352.

Significance of Dobbs v. Jackson Women’s Health Organization

• Goodwin, Michele, “No, Justice Alito, Reproductive Justice Is in the Constitution,” The New York Times, June 26, 2022.
• Lepore, Jill, “Of Course the Constitution Has Nothing to Say About Abortion,” The New Yorker, May 4, 2022.
• Marty, Robin, “The New Handbook for a Post-Roe America: The Complete Guide to Abortion Legality, Access, and Practical Support” (2021).
• Serwer, Adam, “Alito’s Plan to Repeal the 20th Century,” The Atlantic, May 3, 2022.
• Smith, Jordan, “The Fact-Free Logic of Samuel Alito,” The Intercept, May 4, 2022.
• Wodinsky, Shoshana, “How to Get an Abortion in the Age of Surveillance,” Gizmodo, May 4, 2022.