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Abortion in the U.S. after Dobbs v. Jackson Women?s Health Organization. A comparative perspective

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  • Additional Information
    • Publication Information:
      Instituto de derecho iberoamericano
      Tirant lo Blanch
    • Publication Date:
      2023
    • Collection:
      Universitat de València: Roderic - Repositorio de contenido libre
    • Abstract:
      The essay aims to provide a critical insight into the legal status of abortion and reproductive rights in the US before and after Dobbs v. Jackson Women?s Health Organization (2022). In this decision, the US Supreme Court famously found that the Constitution does not protect the right to choose to terminate pregnancy and affirmed that abortion is to be regulated by state legislators. In the face of the patchwork of laws governing abortion in the United States, the essay intends to explore the long-lasting impacts of Dobbs by conducting a comparative analysis. We argue that contrary to the expectations of the Court, Dobbs has not distanced abortion from judicial power and that even lacking a constitutional right to abortion, the interplay between legislators and courts is critical in securing women?s reproductive rights nationwide.
    • File Description:
      application/pdf
    • Relation:
      https://hdl.handle.net/10550/100339; https://revista-aji.com/wp-content/uploads/2024/01/AJI19_bis_Art09.pdf
    • Online Access:
      https://hdl.handle.net/10550/100339
      https://revista-aji.com/wp-content/uploads/2024/01/AJI19_bis_Art09.pdf
    • Rights:
      open access
    • Accession Number:
      edsbas.2251E98D