Since the introduction of a new type of anti-abortion legislation in the United States which bans abortions after a fetal heartbeat can be detected, women’s options regarding abortion are being limited. How “problems” are represented or constituted in legislation shows that problems are time, place and context dependant. By using Carol Bacchi’s “What’s the problem represented to be?” approach to policy analysis, problem representations and subjectification effects in the heartbeat bills were identified. The problem representation of abortion as “lack of information” emerged as the central problem representation and the subject positions that were made available limits women’s choices regarding abortion. Fetal rights emerged as the core of the argumentation in the legislation, excluding women’s rights. How the problem of abortion is represented to be, the subjectification effects and the way rights are used and argued for in antiabortion legislation shows how they effectively limits women’s abortion choices.

This thesis utilizes a reproductive justice framework to discuss the impact of anti-abortion legislation and the anti-abortion movement on women of color and low-income women, arguing that reduced access to abortion is oppressive to minority women. Chapter 1 outlines the theoretical framework of this thesis, focusing on feminist Marxism, Intersectionality, Critical Race Theory, and radical and third wave feminist perspectives. Chapter 2 provides an overview of the anti-abortion movement and the major state and federal laws and court cases that have defined women's access to abortion in the United States, including Roe v Wade, the Hyde Amendment, Planned Parenthood v Casey, and TRAP laws. Chapter 3 discusses the oppressive effects of these laws by connecting anti-abortion legislation and the anti-abortion movement to larger historical systems of oppression and examining the effect of reduced access to abortion on women's reproductive choices and socioeconomic status. This chapter argues that reduced access to abortion is oppressive because it encourages sterilization among minority women who may have chosen other birth control options given the choice, and funnels minority women into an oppressive and exploitative US welfare system. Chapter 4 discusses minority women's potential to overcome this oppression and examines some real-world examples of reproductive rights activism. This thesis expands the current discussion on abortion access by centering the discussion on minority women and arguing that reduced access to abortion is systematically oppressive rather than simply discriminatory.