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Dobbs v. Jackson Women’s Health Organization: The Epitaph for Roe v. Wade Cover

Dobbs v. Jackson Women’s Health Organization: The Epitaph for Roe v. Wade

By: Łukasz Machaj  
Open Access
|Sep 2023

Abstract

Since the Roe v. Wade decision was announced (1973), the question of abortion has constituted an important element of American constitutional discourse. This article analyses the most recent decision of the United States Supreme Court on this matter, i.e. Dobbs v. Jackson Women’s Health Organization, which rejected the thesis that the Constitution establishes the right to terminate pregnancy. It is possible to identify three fundamental points of the Court’s opinion. First, the Court allowed lawmakers to accept an ontological assumption that a foetus is a human being. Second, the decision was rooted in the doctrine of moderate originalism and in the concept of substantive due process, limited by historical factors. Third, the Supreme Court adopted a liberal interpretation of the stare decisis principle, consenting to the overturning of precedents even if they introduced new civil rights. The author contends that it is highly unlikely that the decision will constitute the last word of American jurisprudence on the question of abortion.

DOI: https://doi.org/10.15290/bsp.2023.28.03.11 | Journal eISSN: 2719-9452 | Journal ISSN: 1689-7404
Language: English, Polish
Page range: 259 - 277
Submitted on: Dec 6, 2022
Accepted on: Jan 11, 2023
Published on: Sep 28, 2023
Published by: University of Białystok
In partnership with: Paradigm Publishing Services
Publication frequency: 4 issues per year

© 2023 Łukasz Machaj, published by University of Białystok
This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 License.