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The History of History and Tradition: The Roots of Dobbs’s Method (and Originalism) in the Defense of Segregation Reva B. Siegel

Siegel, Reva B.
Keywords
Law; Roe v. Wade; Dobbs v. Jackson Women's Health Organization
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Faculty Scholarship Series
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The History of History and Tradition-- The Roots of Dobbs's Method (and Originalism) in the Defense of Segregation.pdf
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Abstract
In Dobbs v. Jackson Women's Health Organization, the Roberts Court claimed authority to overturn Roe v. Wade by comparing itself to the Warren Court in Brown v. Board of Education overturning Plessy v. Ferguson. This Essay challenges the claim that Dobbs is like Brown by recovering history the Court omitted in Dobbs-history that ties Dobbs's history-and-tradition method to the defense of segregation.
URI
http://hdl.handle.net/20.500.13051/18391