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4min chapter
Roe is dead. Now what?
Strict Scrutiny
Is Row a Constitutional Apostasy?
The majority opinion in dobbs relies on pre ratification history before the constitution was ratified, back to english common law. And then it cites the court's own slip opinion in brune that claimed historical evidence that long predated ratification may not illuminate the scope of a constitutional right. The dissents explicit attack on these methodological deficiencies and hypocrisies of the majority is exactly what we were calling for when or lauding justice bryer for starting to do in his bruin descent.
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