<abstract xmlns="http://www.w3.org/1999/xhtml">
<p>Since the Roe v. Wade decision was announced (1973), the question of abortion has constituted an important element of American constitutional discourse. This article analyses the most recent decision of the United States Supreme Court on this matter, i.e. Dobbs v. Jackson Women’s Health Organization, which rejected the thesis that the Constitution establishes the right to terminate pregnancy. It is possible to identify three fundamental points of the Court’s opinion. First, the Court allowed lawmakers to accept an ontological assumption that a foetus is a human being. Second, the decision was rooted in the doctrine of moderate originalism and in the concept of substantive due process, limited by historical factors. Third, the Supreme Court adopted a liberal interpretation of the <italic>stare decisis</italic> principle, consenting to the overturning of precedents even if they introduced new civil rights. The author contends that it is highly unlikely that the decision will constitute the last word of American jurisprudence on the question of abortion.</p>
</abstract>

Since the Roe v. Wade decision was announced (1973), the question of abortion has constituted an important element of American constitutional discourse. This article analyses the most recent decision of the United States Supreme Court on this matter, i.e. Dobbs v. Jackson Women’s Health Organization, which rejected the thesis that the Constitution establishes the right to terminate pregnancy. It is possible to identify three fundamental points of the Court’s opinion. First, the Court allowed lawmakers to accept an ontological assumption that a foetus is a human being. Second, the decision was rooted in the doctrine of moderate originalism and in the concept of substantive due process, limited by historical factors. Third, the Supreme Court adopted a liberal interpretation of the stare decisis principle, consenting to the overturning of precedents even if they introduced new civil rights. The author contends that it is highly unlikely that the decision will constitute the last word of American jurisprudence on the question of abortion.

Dobbs v. Jackson Women’s Health Organization: The Epitaph for Roe v. Wade

Białostockie Studia Prawnicze

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License.

{"article-title":"Dobbs v. Jackson Women\u2019s Health Organization: The Epitaph for Roe v. Wade"}

Since the Roe v. Wade decision was announced (1973), the question of abortion has constituted an important element of American constitutional discourse. This...

Dobbs v. Jackson Women’s Health Organization: The Epitaph for Roe v. Wade

Data publikacji: 28 wrz 2023

Zakres stron: 259 - 277

Otrzymano: 06 gru 2022

Przyjęty: 11 sty 2023

DOI: https://doi.org/10.15290/bsp.2023.28.03.11

Słowa kluczowe
abortion, Dobbs v. Jackson Women’s Health Organization, Roe v. Wade, United States Constitution, United States Supreme Court

© 2023 Łukasz Machaj, published by Sciendo

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License.

Dobbs v. Jackson Women’s Health Organization: The Epitaph for Roe v. Wade

Data publikacji: 28 wrz 2023

Zakres stron: 259 - 277

Otrzymano: 06 gru 2022

Przyjęty: 11 sty 2023

DOI: https://doi.org/10.15290/bsp.2023.28.03.11

Słowa kluczoweabortion, Dobbs v. Jackson Women’s Health Organization, Roe v. Wade, United States Constitution, United States Supreme Court

© 2023 Łukasz Machaj, published by Sciendo

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License.

Słowa kluczowe
abortion, Dobbs v. Jackson Women’s Health Organization, Roe v. Wade, United States Constitution, United States Supreme Court