The Legalization of Sexism: How Originalism's Failures Emphasize the Need for Feminist Legal Theory
- Elizabeth Chiarova
Abstract
The 20th century saw many new rights being afforded toAmerican women, such as the right to vote1, the right to birth control2, rightto be the breadwinner3, and the right to an abortion.4 The Supreme Court playeda key role in the progression of gender equality through various landmarkdecisions. However, the current Supreme Court has used interpretive approachesto the Constitution that value legal reasoning from the time of the United States’founding, resulting in the removal of some rights that people previously held;an example of this may be seen through the decision of Dobbs v. Jackson Women’sHealth Organization (2022).5
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