This Note traces the evolution of US constitutional law from Roe v. Wade (1973), which established a right to abortion, to Dobbs v. Jackson (2022), which overturned Roe along with… Click to show full abstract
This Note traces the evolution of US constitutional law from Roe v. Wade (1973), which established a right to abortion, to Dobbs v. Jackson (2022), which overturned Roe along with Planned Parenthood v. Casey (1992) and returned the issue to the states. It examines the questions of constitutional interpretation raised by Dobbs. It considers practical challenges, including the patchwork of state laws, the prevalence of medical abortion, and the aggressive stance taken by both sides. Finally, it proposes elements for a principled compromise about law in the United States, which takes seriously the full humanity of the unborn and is attentive to other jurisprudentially relevant factors, including lack of support for women facing crisis pregnancies and the relationship between race and abortion.
               
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