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Justice Gorsuch's Choice: From Bostock V. Clayton County To Dobbs V. Jackson Women's Health Organization, Marc Spindelman
Justice Gorsuch's Choice: From Bostock V. Clayton County To Dobbs V. Jackson Women's Health Organization, Marc Spindelman
ConLawNOW
Informed speculation holds that the Supreme Court’s decision to hear and decide Dobbs v. Jackson Women’s Health Organization spells bad news for constitutional abortion rights. Recognizing both the stakes and the odds, this brief commentary engages Justice Neil Gorsuch’s majority opinion in Bostock v. Clayton County and the prospects that it opens up in Dobbs for a future for—not against—abortion rights. Bostock’s pro-gay and pro-trans sex discrimination rulings are built atop—and go out of their way to reaffirm—women’s statutorily-grounded economic and social rights, and hence women’s equal citizenship stature. Moreover, the final decision in the case emerges after judicial wrestling …
Abortion Rights In The Supreme Court: A Tale Of Three Wedges, Jennifer S. Hendricks
Abortion Rights In The Supreme Court: A Tale Of Three Wedges, Jennifer S. Hendricks
ConLawNOW
In May 2021, the Supreme Court granted certiorari in a case designed to overrule Roe v. Wade. The assumption is that six justices are inclined to repudiate Roe, and that some of those six would like to go further, declaring a constitutional right to life that would prevent the abortion issue from going “back to the states” at all. The question for the next year is not whether Roe will be overruled—it already was, in Planned Parenthood v. Casey—but how far the Court will go. This essay describes the arc of the Supreme Court’s abortion jurisprudence in …