Originalism and theory of the constitution: a critique to Dobbs v. Jackson Women’s Health Organization

Authors

  • Corrado Caruso

DOI:

https://doi.org/10.15168/2284-4503-2560

Keywords:

Originalism, abortion, right, judicial review, constitutional changes

Abstract

The Dobbs v. Jackson Women's Health Organization has made extensive use of the originalist canon to overrule two historical Supreme Court precedents recognizing the right to abortion. The article analyzes its arguments, highlighting their contradictions and criticizing the general conception of the Constitution sketched by the decision.

Published

2023-03-18

How to Cite

1.
Caruso C. Originalism and theory of the constitution: a critique to Dobbs v. Jackson Women’s Health Organization. BioLaw [Internet]. 2023 Mar. 18 [cited 2024 Jul. 22];(1S):87-103. Available from: https://teseo.unitn.it/biolaw/article/view/2560

Issue

Section

The Dobbs decision and US constitutionalism