Published for the Balkinization symposium on Julie Suk, After Misogyny: How the Law Fails Women and What to Do about It, May 3, 2023
By Professor Paula Monopoli, Sol & Carlyn Hubert Professor of Law
Julie Suk is one of the most interesting feminist constitutional scholars writing today. It’s a pleasure to engage with her new book, After Misogyny: How the Law Fails Women and What to Do about It. Feminist legal scholars have been considering their intellectual options in the wake of the U.S. Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization. In After Misogyny, Professor Suk offers us a conceptual path forward in a post-Dobbs world. I agree with Suk’s trenchant analysis of the failure of law to render substantive gender equality, and her proposals to remedy that failure. My question is whether we have the constitutional conditions under which those proposals could come to fruition...