Observations:
David L. Kirp and Dorothy Robyn, Pregnancy, Justice, and the Justices, 57 Texas L. Rev. 947 (1979).
 

Abstract:
In “Pregnancy, Justice, and the Justices,” Professors Kirp and Robyn discuss recent Supreme Court decisions regarding pregnancy benefits and discrimination in the work place. They argue that although the Supreme Court has offered reasons for refusing to treat pregnancy as a disability for all purposes, the Court’s analyses are weak. Kirp and Robyn note that one can either offer or deny pregnancy benefits for reasons consistent with a rational and particularistic conception of what distributive justice requires. Nothing in the language or history of the fourteenth amendment or the Civil Rights Act requires the Supreme Court to prefer one view or the other. Therefore, the court cannot easily find clear distinctions between the categories that it believes are necessary for a judicial determination of discrimination.