Dobbs’s Destructive Originalism: Using “History and Tradition” to Undermine Liberty
This analysis by the Center explains the Dobbs majority’s approach to determining what liberty interests the Fourteenth Amendment protects; considers the ways in which the U.S. Supreme Court has previously assessed protected liberty interests; and concludes that Dobbs will, if accepted, stymie constitutional protection of reproductive autonomy and a host of rights grounded in bodily autonomy, self-determination, and equality.
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