First, read the majority and minority decisions on Dobbs v. Jackson Women’s Health as well as the two follow-up articles describing some of the legal issues on the ground after the overturn of Roe v. Wade.
Questions– The majority decision in Dobbs repeatedly references “history” and “tradition.” What does this mean? What is the “history” and/or “tradition” of the United States to which these claims refer? What does the minority opinion have to say about “tradition” and “history?” Selective incorporation, particularly of the 14th Amendment, has been discussed not only in Dobbs, but in numerous other SC cases. What are the consequences of this decision on selective incorporation of the 14th Amendment? Describe potential limitations or problems of this amendment’s future incorporation. (Students may want to review their Selective Incorporation Write Up for issue or case examples).
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