"A federal [statutory] guarantee should stick neither with Roe’s argumentative faultiness — dubiously grounded in a right to privacy rather than women’s equality — nor its narrow protections. A new federal abortion right could ensure that it is a funded entitlement for the poor women who most need it."
Writes history and law professor Samuel Moyn, in "Counting on the Supreme Court to uphold key rights was always a mistake/Liberals are re-learning the lesson that only democratically enacted rights are reliable" (WaPo).
Why does Moyn say that poor women "most need" the right to abortion? Maybe that's just awkwardly written, and he only means poor women are most in need of financial assistance, but all women equally need access to abortion. He says he wants the statutory abortion right to be premised on equality, then turns around and says "poor women... most need it." There's an unpleasant whiff of a suggestion that poor people overbreed.
Moyn speaks of poor people earlier in the piece:
[I]n the abortion rights successor case Maher v. Roe (1977) — which said women on Medicaid were not entitled to financial support for abortions — and so many other domains, the court has never afforded constitutional protection to the poor, who most need rights of all kinds.
He really does seem to want to say that poor women need abortion rights more than other women do. I'd like to see that argument fleshed out. Perhaps it's simply that poor people have more interactions with the government, and constitutional rights are a defense against government. But the federal government has not been paying for abortions. The constitutional right women are (apparently) about to lose is the right to choose to have an abortion. Why would a poor woman need that more than a non-poor women?