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Originalism: Erasing Women From The Body Politic, Malinda L. Seymore
Originalism: Erasing Women From The Body Politic, Malinda L. Seymore
Faculty Scholarship
In Dobbs v. Jackson Women's Health, the Court relied on originalism to excise women from the Constitution. Originalism is purposefully backward-looking. With cherry-picked history, the Court created a future that looks to the past: a past where unwed pregnancy is shameful and can be redeemed only by secret adoption. Yet the case has revealed originalism as a flawed method, harmed the legitimacy of the Court, and energized those supporting abortion rights.