Dobbs v. Jackson Women’s Health Organization – epitafium dla Roe v. Wade ; Dobbs v. Jackson Women’s 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 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. ; lukasz.machaj@uwr.edu.pl ; Uniwersytet Wrocławski, Polska ; Adkins v. Children’s Hospital, 261 U.S. 525 (1923). ; Amar V. D., Morse, School Speech, and Originalism, „UC Davis Law Review” 2009, vol. 42. ; Beckwith F.J., Defending Life: A Moral and Legal Case Against Abortion Choice, New York 2007. ; Beckwith F.J., The Supreme Court, Roe v. Wade, and Abortion Law, „Liberty University Law Review” 2006, vol. 1. ; Berger R., Government by Judiciary: The Transformation of the Fourteenth Amendment, Indianapolis 1977. ; Black H. Campbell, The Principle of Stare Decisis, „The American Law Register” December 1886. ; Bork R.H., The Tempting of America: The Political Seduction of the Law, New York 1990. ; Brown v. Board of Education of Topeka, 347 U.S. 483 (1954). ; Butler J., Undoing Gender, New York 2004. ; Chemerinsky E., Ending Roe is a Pure Exercise of Republican Power, Wielded to Reduce Women’s Freedom and Equality, „Los Angeles Times” 24.06.2022. ; Coppage v. Kansas, 236 U.S. 1 ...