Ziegler on The History of Neutrality: Dobbs and the Social Movement Politics of History and Tradition @maryrziegler @UCDavisLaw

Mary Ziegler, University of California, Davis, School of Law, is publishing The History of Neutrality: Dobbs and the Social Movement Politics of History and Tradition in the Yale Law Journal Forum. Here is the abstract.

By excavating the history around the history-and-tradition test used in Dobbs v. Jackson Women’s Health Organization and the alternative it pushes to the side, this Essay reconsiders the meaning—and plausibility—of neutrality claims turning on the Dobbs Court’s use of history and tradition.

Download the essay from SSRN at the link.