The US Supreme Court’s Ruling in Dobbs v. Jackson: A Judicial Restraint Violating Fundamental Rights of Women
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Abstract
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.
Keywords
- abortion
- reproductive rights
- viability line
- moral pluralism
- fair balance
- democracy