True Man, Captive Mother: Abortion as a Fundamental Self-Defense Right

Abstract

Abortion healthcare has faced significant challenges since the Supreme Court held in Dobbs v. Jackson Women’s Health Organization that there exists no constitutional right to abortion. Contrastingly, the right to bear arms, grounded in the right to self-defense, has strong constitutional protections, as highlighted in New York State Rifle & Pistol Association v. Bruen. The extension of the right to self-defense is exemplified by the proliferation of Stand Your Ground laws in numerous states. This Comment examines the growing tension between self-defense doctrine, particularly through Stand Your Ground laws, and the increasing criminalization of abortion in various states. It argues that the fundamental right to self-defense, which permits individuals to use deadly force when fearing for their life, should extend to the context of abortion, particularly when a woman’s life or health is at risk due to pregnancy. The Comment draws on historical self-defense doctrine, modern expansions of gun rights, and the evolving jurisprudence on fundamental rights under the Fourteenth Amendment. It asserts that the Supreme Court cannot simultaneously uphold expansive self-defense protections while permitting abortion bans without exceptions for maternal life or health. Ultimately, this Comment posits that life-or-health abortions should be recognized as a form of self-defense and thus ­­constitutionally protected, offering a compelling argument for reform in the current landscape of abortion law