Ludovica Poli

The US Supreme Court’s Ruling in Dobbs v. Jackson: A Judicial Restraint Violating Fundamental Rights of Women

  • Abstract

Informations and abstract

Keywords: abortion; reproductive rights; viability line; moral pluralism; fair balance; democracy

The US Supreme Court’s ruling in Dobbs v. Jackson has been celebrated as a major success by prolife movement in USA, while pro-choice activists – along with human rights experts – consider it a serious attempt at the full enjoyment of women’s reproductive rights. After having analyzed the main elements of the judgement – also in light of the Supreme Court’s main precedents (Roe v. Wade and Planned Parenthood v. Casey) – the paper argues that its main limit is the renounce to identify a fair balance between individual rights and State’s interests, which is deemed necessary in a pluralist and democratic society. Opening the door to many anti-abortion regulations, the judgement is in contrast with human rights law, which – at least in some circumstances – guarantees the right to have access to safe abortion.

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