Historical Tradition and Constitutional Interpretation: Missing History, Legal Deciphering, and Silenced Discourse in the Dobbs Decision

Presenter: Hannah Grace Linehan

Faculty Sponsor: Martha Yoder

School: UMass Amherst

Research Area: History

Session: Poster Session 1, 10:30 AM - 11:15 AM, Concourse, B2

ABSTRACT

In an America in which rights are constantly being lost, found, created, debated, granted, and withdrawn, it is necessary to evaluate the methods of determination and reasoning behind the Supreme Court’s decisions that alter the livelihoods of its citizens. Abortion, a hotly contested right that has been stripped away from American women in Dobbs v. Jackson Women’s Health Organization (2022), provides an avenue of research ripe for an unrelenting analysis of judicial reasoning and constitutional interpretation. This thesis analyzes Justice Alito’s majority opinion in Dobbs, focusing specifically on his assertion that a constitutional right must be “deeply rooted in the Nation’s history and tradition.” It critiques this standard and Alito’s attempt to demonstrate that abortion fails to meet this interpretation. Upon examination, Alito’s opinion uncovers selective historical interpretation, omission of evidence, and outcome-driven, inconsistent reasoning. By incorporating historical and constitutional research that Alito either overlooked or excluded, this thesis argues that abortion does, in fact, possess meaningful historical roots and constitutional support. Alito’s reasoning reflects alarming patterns of partisanship and agenda-based decision-making within a body entrusted with neutrality. Public trust in the judiciary is eroding rapidly; decisions that retract established positive rights while advancing a one-sided agenda intensify national frustration. If the Supreme Court is to remain a legitimate judicial body, its justices must be held accountable for accurate, scrupulous reasoning. Likewise, the American public must remain informed about the historical foundations of fundamental rights– rights that, as Dobbs demonstrates, can be suddenly revoked with serious consequences.

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