Constitutional interpretation and jurisprudential recognition of new rights in the United States after the Dobbs judgment

Authors

  • Pablo Nuevo López Universitat Abat Oliba, CEU Universities

DOI:

https://doi.org/10.18042/cepc/aijc.26.18

Abstract

In the present work, in line with the Supreme Court decision in the Dobbs case, of June 24, 2022, the criterion of legal interpretation used by the Court is analyzed, explaining the reasons why it considers that the American constitutional does not implicitly contain a right to abortion. At the same time, the doctrine of the Supreme Court for the recognition of new rights under the Due Process Clause of the XIV Amendment is shown.

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Published

2022-12-29

How to Cite

Nuevo López, P. (2022). Constitutional interpretation and jurisprudential recognition of new rights in the United States after the Dobbs judgment. Anuario Iberoamericano De Justicia Constitucional, 26(2), 587–607. https://doi.org/10.18042/cepc/aijc.26.18