Dobbs and Religious Liberty

Abstract

Abstract In Dobbs v Jackson Women’s Health Organization, the Roberts Court shattered the compromise between prochoice and antichoice worldviews that Casey articulated, both reaffirming Roe as a precedent and altering Roe to empower the antichoice side. I will explain the compromise, connect it to the strengthening of the antichoice side, raise the question of why the compromise wasn’t sufficient for the antichoice side, and sketch out how a First Amendment defense of abortion could lead to regaining a fundamental right to abortion and to strengthening religious pluralism.