Originalism: Erasing Women from the Body Politic

Authors

Malinda L. Seymore, Texas A&M University School of LawFollow

Document Type

Article

Publication Date

2-2023

Journal Title

Adoption & Culture

ISSN

1944-4990

DOI

10.1353/ado.2022.0019

Abstract

In Dobbs v. Jackson Women's Health, the Court relied on originalism to excise women from the Constitution. Originalism is purposefully backward-looking. With cherry-picked history, the Court created a future that looks to the past: a past where unwed pregnancy is shameful and can be redeemed only by secret adoption. Yet the case has revealed originalism as a flawed method, harmed the legitimacy of the Court, and energized those supporting abortion rights.

First Page

214

Last Page

219

Num Pages

6

Volume Number

10

Issue Number

2

Publisher

Ohio State University Press

Rights

Published Open Access by The Ohio State University

Recommended Citation

Malinda L. Seymore, Originalism: Erasing Women from the Body Politic, 10 Adoption & Culture 214 (2023).
Available at: https://scholarship.law.tamu.edu/facscholar/1815

File Type

PDF