Comparative Constitutional Law and Abortion Constitutionalism: On the Legacy of Justice Scalia in Dobbs
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Authors
Hendrianto, Stefanus
Issue Date
2025
Volume
15
Issue
2
Type
Journal Article
Language
Keywords
Alternative Title
Abstract
This article examines the influence of Justice Antonin Scalia’s U.S. Supreme Court's decision in Dobbs v. Jackson Women's Health Organization, which overturned Roe v. Wade. Justice Scalia was critical of using foreign law in constitutional interpretation, particularly concerning moral issues like abortion. Scalia argued that comparative approaches could introduce ideological biases, undermining the objectivity of constitutional analysis.
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Citation
Publisher
Creighton University School of Law
License
Copyright