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Full-Text Articles in Jurisprudence
Three Observations About Justice Alito's Draft Opinion In Dobbs - Commentary, John M. Greabe
Three Observations About Justice Alito's Draft Opinion In Dobbs - Commentary, John M. Greabe
Law Faculty Scholarship
[Excerpt] "There is much to say about Justice Samuel Alito's draft opinion in Dobbs v. Jackson Women's Health Organization, which was leaked from the United States Supreme Court on May 2 [2022].
Obviously, the most significant direct consequence of the proposed decision, which overrules Roe v. Wade (1973) and Planned Parenthood v. Casey (1992) while upholding the constitutionality of a Mississippi law that outlaws most abortions after 15 weeks of pregnancy, would be the restriction or elimination of abortion services throughout much of the nation. This will have all sorts of attendant consequences, large and smaller, many of which …
Fair Construction To Living Constitution: Analyzing Constitutional Interpretation Throughout United States History, Joshua Lloyd
Fair Construction To Living Constitution: Analyzing Constitutional Interpretation Throughout United States History, Joshua Lloyd
Senior Honors Theses
The proper method of constitutional interpretation has been debated throughout the history of the Supreme Court. This debate has been defined by the tension between the originalist and living constitution jurisprudences. Each has been dominant at one point in United States history. A fair construction jurisprudence was almost universally utilized by the Supreme Court to interpret the Constitution according to its original meaning until Plessy v. Ferguson. Then, due to an alliance between evangelicals and progressive scholars, a broader, more lenient living constitution jurisprudence developed which allowed justices to interpret the Constitution in light of changing social norms. Finally, …