Law Commons^™

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 …

On Conflict Of Human Rights, Xiaobing Xu, George Wilson

The University of New Hampshire Law Review

[Excerpt] “This article supports Gewirth’s view: that is, the reason why utilitarian values such as national security, public safety, public order, public health, and public morality may outweigh human rights is that they contain human rights elements. Thus, as a rule, whenever human rights clash with nonrights value considerations, we should analyze whether they contain human rights elements. If they do, they may override human rights that conflict with them. If they do not, they cannot.”