• Dobbs V. Jackson Women's Health Organization (2022): A Case Comment

    Author(s):
    Shubham Verma
    Contributor(s):
    Yashika Sharma (see profile)
    Date:
    2022
    Subject(s):
    Law
    Item Type:
    Article
    Permanent URL:
    https://doi.org/10.17613/c80v-ws67
    Abstract:
    In June 2022, the US Supreme Court, in Dobbs v. Jackson with a 6:3 majority, overruled Roe and Casey and took away the constitutional right to abortion. The right was implicitly based on, among other things, the Liberty interest protected by the Fourteenth Amendment's Due Process Clause. In denying the right, the Supreme Court reasoned that to bring a new component of right into liberty, one must show that it was reasonably accepted as a right when the Fourteenth Amendment was adopted and ratified. Any other interpretation, the court held, would not be faithful to the constitutional text. In this commentary, it is argued that the court's historical analysis is a rudimentary method for interpreting abstract concepts like liberty which was envisaged for eternity. The case comment demonstrates that historically chained understanding of the constitutional text, especially its rights, is not instance best way to show fidelity to the constitutional text. The difference between "original meaning" and "original expected application" is significant. The comment further shows the judgment's possible unintended—but still cruel—consequence. Finally, it is concluded with a proposed alternative method of Reflective Equilibrium with an aspiration of visualising a seamless web of the components of the liberty principle.
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    Published as:
    Journal article    
    Status:
    Published
    Last Updated:
    3 days ago
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