2min chapter

Strict Scrutiny cover image

The Dobbs Decision Hasn't Aged Well

Strict Scrutiny

CHAPTER

The Zarowski Trial: A Road Map for Abortion Rights in America

I think they would at least have to grapple with the serious argument there's a new constitutional basis for asserting protection. I don't think they can do it by just citing these old 1970s cases which is what they did to reject equal protection argument here. They would have to construct the argument anew and I think that it would be like facially ridiculous for them to try to defend that argument in the face of a newly enacted constitutional prohibition doesn't mean they wouldn't do it but I'm a little bit less pessimistic about this.

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