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Constitutional Law,
U.S. Supreme Court

Dec. 14, 2021

SB 8 ruling: A truly terrible and dangerous decision

The U.S. Supreme Court, in its decision in Whole Woman’s Health v. Jackson on Friday, has created a roadmap for how state governments can undermine constitutional rights.

Erwin Chemerinsky

Dean and Jesse H. Choper Distinguished Professor of Law
UC Berkeley School of Law

Erwin's most recent book is "Worse Than Nothing: The Dangerous Fallacy of Originalism." He is also the author of "Closing the Courthouse," (Yale University Press 2017).

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The U.S. Supreme Court, in its decision in Whole Woman's Health v. Jackson, 2021 DJDAR 12557, on Friday, has created a roadmap for how state governments can undermine constitutional rights. It's a decision that can be understood only based on the hostility of the five most conservative justices to abortion rights. But the rules it establishes will have impl...

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