Originalism and theory of the constitution: a critique to Dobbs v. Jackson Women’s Health Organization
DOI:
https://doi.org/10.15168/2284-4503-2560Keywords:
Originalism, abortion, right, judicial review, constitutional changesAbstract
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.
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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 Dec. 4];(1S):87-103. Available from: https://teseo.unitn.it/biolaw/article/view/2560
Issue
Section
The Dobbs decision and US constitutionalism
License
This work is licensed under a Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License.