Robyn Powell: “Forced to Bear, Denied to Rear: The Cruelty of Dobbs for Disabled People”
Read a recap of the talk, written by our 2024-2025 Sissy Farenthold Scholar in Reproductive Justice, Archana Murthy.
Read Professor Powell’s paper.
Abstract: People with disabilities face structural, legal, and institutional barriers to accessing reproductive health services and information, including contraception and abortion care. They also experience high rates of violence and reproductive coercion, as well as stigma and discrimination from health providers. They are more likely to experience maternal morbidity and mortality, rendering pregnancy particularly dangerous for some. Mounting abortion restrictions after Dobbs v. Jackson Women’s Health Organization will result in some disabled people being forced to carry pregnancies to term, notwithstanding serious health risks. Should they choose to raise their children after childbirth, they will likely encounter ongoing threats to their parental rights because of laws, policies, and practices that assume incompetence among disabled parents. Thus, the ruling creates a paradox for disabled people where they may be forced to bear children but subsequently denied the opportunity to rear them, perpetuating a historical pattern of exploitation and subjugation. This paper identifies and responds to this paradox by providing and applying a disability reproductive justice framework.
Robyn Powell is Professor of Law at Stetson University. Her work examines the intersection of disability justice and reproductive justice, with a focus on disability law and policy, health law and policy, and family law. She is a leading authority on the rights of parents with disabilities and has served as an Attorney-Advisor at the National Council on Disability. Her forthcoming publications include “Disabling Abortion Bans” (UC Davis Law Review) and “Forced to Bear, Denied to Rear: The Cruelty of Dobbs for Disabled People” (Georgetown Law Journal). She received a Ph.D. and M.A. in Social Policy from Brandeis University, a J.D. from Suffolk University Law School, and a B.S. in Social Work from Bridgewater State University.