More Than Abortion Rides on SCOTUS in Dobbs

Naomi R. Cahn; ;

Scholarship

More Than Abortion Rides on SCOTUS in Dobbs

Naomi R. Cahn

CO-AUTHORS Sonia Suter

PUBLISHER

Bloomberg Law

DATE

2022-05-10

Website

UVA Law Faculty Affiliations

Naomi R. Cahn

Abstract

The Supreme Court’s leaked draft opinion in Dobbs indicates the final ruling could have far-reaching consequences beyond upending women’s right to abortion and some types of contraception, say law professors Sonia Suter at George Washington University Law School and Naomi Cahn at the University of Virginia School of Law. The legal reasoning in the draft potentially could also undermine constitutional rights to same-sex and interracial marriage.

Website

Citation

Naomi R. Cahn & Sonia Suter, More Than Abortion Rides on SCOTUS in Dobbs, Bloomberg Law (May 10, 2022).

More in This Category

Bounded Extraterritoriality
Ruth Mason
Politics in the United States is ever more divided, stymying federal legislation. States have responded to this political polarization and... MORE
Bibb Balancing: Regulatory Mismatches Under the Dormant Commerce Clause
Ruth Mason
Courts and commentators have long understood dormant Commerce Clause doctrine to contain two types of cases: discrimination and undue burdens. This... MORE
Solidarity Federalism
Ruth Mason
Studies of federalism, especially in the United States, have mostly centered on state autonomy and the vertical relationship between the states and... MORE

Personal Precedent at the Supreme Court
Richard M. Re
Personal precedent is a judge’s presumptive adherence to her own previously expressed views of the law. This essay shows that personal precedent both... MORE
Religious Freedom and Abortion
Richard C. Schragger

Micah J. Schwartzman
The demise of Roe v. Wade has raised a host of religious liberty questions that were submerged prior to the Supreme Court’s decision in Dobbs v.... MORE
State Separation of Powers and the Federal Courts
Ann Woolhandler
The issue of state separation of powers generally is not one that the federal courts have had much occasion to address. Recent issues have arisen,... MORE

Permissive Interpretation
Richard M. Re
Should the law of interpretation direct judges to seek out best answers, or only permissible ones? This Article defends the latter approach. In... MORE
Intimate Privacy in a Post-Roe World
Danielle K. Citron
Now that the Supreme Court has revoked the constitutional right to reproductive autonomy, we must reckon with the risks that our surveillance economy... MORE
The Political Language of Parental Rights: Abortion, Gender-Affirming Care, and Critical Race Theory
Naomi R. Cahn
This Article explores how the rhetoric of parental rights has been deployed to override minors’ access to abortion, gender-affirming care, and... MORE

Should Gradualism Have Prevailed in Dobbs?
Richard M. Re
Gradualism should have won out in Dobbs v. Jackson Women’s Health, exerting gravitational influence on the majority and dissenters alike. In general... MORE
Judges Are Now Using Their Retirements as Leverage Against the President
Richard M. Re
Court reformers usually focus their attention on expanding or imposing term limits on the Supreme Court, but recent events in the lower courts are... MORE
Is it Legal to Travel for Abortion After Dobbs?
Naomi R. Cahn
When the Supreme Court recently returned the issue of abortion to the states, Justice Brett Kavanaugh indicated in his concurrence that interstate... MORE

The Peril and Promise of SCOTUS Resignations
Richard M. Re
Justice Breyer’s recent manner of effectuating his retirement points out both a problem and an opportunity. The problem is that there is no settled... MORE
Dobbs and the Relevance of Experience
Charles Barzun
Without question the most important thing about the Dobbs decision is its dramatic impact on the availability of abortion access for women in huge... MORE
The End of Roe Means We Need a New Civil Right to Privacy
Danielle K. Citron
Friday’s SCOTUS ruling in Dobbs is devastating news. Yes, it denies women and girls reproductive autonomy, but it also augurs a future where no... MORE

Is the Religious Liberty Tent Big Enough to Include the Religious Commitments of Jews?
Micah J. Schwartzman
One of the notable trends in the current Supreme Court’s religion jurisprudence is the shrinking of the establishment clause as the free exercise... MORE
Brief of Professors Michael Knoll and Ruth Mason as Amici Curiae Supporting Petitioners in National Pork Producers Council v. Ross
Ruth Mason
The district court erred when it concluded that because Proposition 12 applies only to in-state sales, it could not be extraterritorial. On the... MORE
Judging Progress: Roe, Casey and the idea of social change
Charles Barzun
Ever since the recent leak of Supreme Court Justice Samuel Alito’s draft opinion in the Dobbs v. Jackson Women’s Health Organization case, the media’... MORE

Scholarship

More Than Abortion Rides on SCOTUS in Dobbs

UVA Law Faculty Affiliations

Abstract

Citation

More in This Category

ABOUT

APPLY

ACADEMICS

SERVICES

PEOPLE

CAREERS

NEWS & EVENTS

COMMUNITY